Interpretation

approved organization means an organization that is approved by the Minister under section 16.12 for the teaching of first aid; (organisme agréé)

basic first aid certificate

basic first aid certificate means the certificate issued by an approved organization for successful completion of a one day first aid course; (certificat de secourisme élémentaire)

change room

change room means a room that is used by employees to change from their street clothes to their work clothes and from their work clothes to their street clothes, and includes a locker room; (vestiaire)

CSA

CSA means the Canadian Standards Association; (ACNOR)

dangerous substance

dangerous substance[Repealed, SOR/88-68, s. 1]

elevating device

elevating device means an escalator, elevator or other device for moving passengers or freight; (appareil élévateur)

fire hazard area

fire hazard area means an area that contains or is likely to contain explosive or flammable concentrations of hazardous substances; (endroit présentant un risque d’incendie)

first aid room

first aid room means a room that complies with the requirements of section 16.10; (salle de premiers soins)

high voltage

high voltage means a voltage of 751 volts or more between any two conductors or between a conductor and ground; (haute tension)

locked out

locked out means, in respect of any equipment, machine or device, that the equipment, machine or device has been rendered inoperative and cannot be operated or energized without the consent of the person who rendered it inoperative; (verrouillé)

lower explosive limit

lower explosive limit means the lower limit of flammability of a chemical agent or a combination of chemical agents at ambient temperature and pressure, expressed

(b) for dust, as the weight of dust per volume of air; (limite explosive inférieure)

medical practitioner

medical practitioner[Repealed, SOR/88-68, s. 1]

Minister

Minister means the Minister of Labour; (ministre)

National Building Code

National Building Code means the National Building Code of Canada, 1995, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, dated 1995, as amended from time to time; (Code canadien du bâtiment)

National Fire Code

National Fire Code means the National Fire Code of Canada 1995, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, dated 1995, as amended from time to time; (Code national de prévention des incendies du Canada)

oxygen deficient atmosphere

oxygen deficient atmosphere means an atmosphere in which there is less than 18 per cent by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 135 mm Hg; (air à faible teneur en oxygène)

qualified person means, in respect of a specified duty, a person who, because of his knowledge, training and experience, is qualified to perform that duty safely and properly; (personne qualifiée)

regional office

regional office, in respect of a work place, means the office of the Department of Human Resources and Skills Development that is responsible for the HRSDC Labour Program in any of the Department’s administrative regions in which the workplace is situated; (bureau régional)

toilet room

toilet room means a room that contains a toilet or a urinal, but does not include an outdoor privy. (lieux d’aisances)

SOR/88-68, ss. 1, 14;

SOR/88-632, s. 1(F);

SOR/94-33, s. 1;

SOR/94-263, s. 3;

SOR/96-294, s. 1;

SOR/2000-328, s. 1;

SOR/2000-374, s. 1;

SOR/2002-208, s. 43(F);

SOR/2009-147, s. 1.

Prescription

1.3 These Regulations are prescribed for the purposes of sections 125, 125.1, 125.2 and 126 of the Act.

(e) on or in connection with a work or undertaking that is excluded from the application of the Act by an order made pursuant to section 123.1 of the Act.

SOR/87-623, s. 1;

SOR/94-263, s. 5;

SOR/2009-147, s. 2.

Records and Reports

1.5 If an employer is required by section 125 or 125.1 of the Act to keep and maintain a record, report or other document, the employer shall keep and maintain the record, report or other document in such a manner that it is readily available for examination by a health and safety officer and by the work place committee or the health and safety representative for the work place to which it applies.

SOR/88-68, s. 3;

SOR/94-263, s. 6;

SOR/2002-208, s. 3.

Inconsistent Provisions

1.6 In the event of an inconsistency between any standard incorporated by reference in these Regulations and any other provision of these Regulations, that other provision shall prevail to the extent of the inconsistency.

1.7 Notwithstanding any provision in any standard incorporated by reference in these Regulations, a reference to another publication in that standard is a reference to the publication as it read on March 31, 1986.

Alternate Media

alternate media means any method of communication that permits an employee with a special need to receive any information, instruction or training required by these Regulations to be provided, including braille, large print, audio tape, computer disc, sign language and verbal communications; (média substitut)

highly visible

highly visible means marked with brightly coloured paint, painted with a reflective coating or marked by other means so as to be readily apparent; (très visible)

special need

special need means a condition that impairs an employee’s ability to receive any information, instruction or training that is required by these Regulations to be provided. (besoins spéciaux)

(2) Subject to subsection (5), where an employer or other person is required by these Regulations to give, provide or make available any information, instruction or training to an employee and the employee has a special need, the employer or other person shall give, provide or make available the information, instruction or training to the employee by means of an alternate medium.

(3) Where information, including warnings, is required by these Regulations to be provided by means of a sign or marking, the alternate medium shall be visible or audible to an employee with a special need.

(4) Where a warning is required to be given by a means other than a sign or marking, the warning shall be given to an employee with a special need in a manner that effectively warns the employee of the nature of the danger.

(5) Where an employer or other person is required by these Regulations to give, provide or make available any information by means of labels, defect tags or lockout tags, the employer or other person need not provide the information by means of an alternate medium on the labels, defect tags or lockout tags.

SOR/96-525, s. 1.

PART IIPermanent Structures

Interpretation

ASHRAE means the American Society of Heating, Refrigerating and Air-Conditioning Engineers. (ASHRAE)

building

building means a structure that is used or intended for supporting or sheltering any use or occupancy, and includes a grain-handling facility, a tower, an antenna and an antenna-supporting structure. (bâtiment)

floor hole

floor hole means an opening in a floor or platform that measures less than 300 mm but more than 50 mm in its smallest dimension. (trou dans le plancher)

floor opening

floor opening means an opening in a floor, platform, pavement or yard that measures 300 mm or more in its smallest dimension. (ouverture dans le plancher)

grain-handling facility

grain-handling facility means a structure that is constructed, installed or established to handle, store or process grain or grain products, and includes an elevator as defined in section 2 of the Canada Grain Act. (installation de manutention des grains)

HVAC system

HVAC system means a heating, ventilating and air conditioning system that is installed in a building, and includes all of its equipment and components. (système CVCA)

wall opening

wall opening means an opening in a wall or partition that measures at least 750 mm in height and 300 mm in width. (ouverture dans un mur)

SOR/94-263, s. 7;

SOR/2000-374, s. 2.

DIVISION IBUILDINGS

Standards

2.2(1) The design and construction of every building, the construction of which begins on or after the day of the coming into force of this subsection, shall meet the requirements of the National Building Code.

(2) Every building, the construction of which begins before the day of the coming into force of this subsection, shall, to the extent reasonably practicable, meet the requirements of the National Building Code.

(3) The renovation of any building or part of a building shall, to the extent reasonably practicable, meet the requirements of the National Building Code.

(4) When it is not reasonably practicable for an employer to comply with the requirements of subsection (3), the employer shall, before the proposed renovations start, notify the work place committee or the health and safety representative.

SOR/88-632, s. 2(F);

SOR/96-525, s. 2;

SOR/2000-374, s. 2;

SOR/2002-208, s. 4.

Doors

2.3(1) Every double-action swinging door that is located in an exit, entrance or passageway used for two-way pedestrian traffic or traffic involving wheelchairs or other similar devices shall be designed and fitted in a manner that will allow persons who are approaching from one side of the door to be aware of persons who are on the other side of it.

(2) The area of every passageway into which a door or gate extends when open, other than the door of a closet or other small unoccupied storage room, shall be marked, in consultation with the work place committee or the health and safety representative in a manner that clearly indicates the area of hazard created by the opening of the door or gate.

(3) Where a door or gate that is to remain open extends into a passageway for a distance that will reduce the effective width of the passageway to a width less than that required by the National Building Code,

(b) a highly visible barricade shall be placed across the passageway before the door or gate is opened to prevent persons from using the passageway while the door or gate is open.

SOR/88-632, s. 3(F);

SOR/2000-374, s. 2;

SOR/2002-208, s. 5.

Clearances

2.4 A window awning or canopy or any part of a building that projects over an exterior passageway shall be installed or constructed in a manner that allows a clearance of not less than 2.2 m between the passageway surface and the lowest projection of the awning or canopy or projecting part of the building.

SOR/96-525, s. 3;

SOR/2000-374, s. 2.

Floor and Wall Openings

2.5(1) Where an employee has access to a wall opening from which there is a drop of more than 1.2 m or to a floor opening, highly visible guardrails shall be fitted around the wall opening or floor opening or it shall be covered with material capable of supporting all loads that may be brought to bear on it.

(2) The material shall be securely fastened to and supported by structural members.

(3) Subsection (1) does not apply to vehicle maintenance pits or to the loading and unloading areas of truck, railroad or marine docks the edges of which are marked in a highly visible manner.

(4) Where a pit is used for the maintenance of vehicles, including railway rolling stock, the hazard it represents shall be clearly identified and its perimeter shall be delineated by highly visible markings.

SOR/88-632, s. 4(F);

SOR/96-525, s. 4;

SOR/2000-374, s. 2.

Open-top Bins, Hoppers, Vats and Pits

2.6(1) Where an employee has access to an open-top bin, hopper, vat, pit or other open-top enclosure from a point directly above the enclosure, the enclosure shall be

(a) covered with a grating, screen or other covering that will prevent the employee from falling into the enclosure; or

(b) provided with a walkway that is not less than 500 mm wide and is fitted with highly visible guardrails.

(2) The grating, screen, covering or walkway shall be designed, constructed and maintained so that it will support a load that is not less than the greater of

(3) Where an employee is working above an open-top bin, hopper, vat, pit or other open-top enclosure that is not covered with a grating, screen or other covering, the inside wall of the enclosure shall be fitted with a fixed ladder, except where the operations carried on in the enclosure make such a fitting impracticable.

(4) Every enclosure referred to in subsection (1) whose walls extend less than 1.1 m above an adjacent floor or platform used by employees shall be

(c) guarded by a person in order to prevent employees from falling into the enclosure.

SOR/2000-374, s. 2.

Ladders, Stairways and Ramps

2.7 Where an employee is required to move from one level to another that is more than 450 mm higher or lower than the first level, the employer shall install a fixed ladder, stairway or ramp between the levels.

SOR/96-525, s. 5;

SOR/2000-374, s. 2.

2.8 Where one end of a stairway is so close to a traffic route used by vehicles, to a machine or to any other hazard as to be hazardous to the safety of an employee using the stairway, the employer shall, at that end of the stairway,

(b) where practicable, install a highly visible barricade that will protect employees using the stairway from the hazard.

SOR/96-525, s. 6;

SOR/2000-374, s. 2.

2.9(1) A fixed ladder installed after the day of the coming into force of this section shall be designed, constructed and installed in accordance with the requirements of ANSI Standard A14.3-1984 entitled American National Standard for Ladders — Fixed — Safety Requirements, as amended from time to time, other than section 7 of that Standard.

(2) A fixed ladder that is installed before the day of the coming into force of this section shall, where reasonably practicable, meet the requirements referred to in subsection (1).

(b) carry any tools, equipment or materials in a pouch or holster or in any other secure manner.

(4) A fixed ladder shall be highly visible or its presence otherwise brought to the attention of any employee in the area.

SOR/2000-374, s. 2;

SOR/2011-206, s. 1.

2.10(1) Every grain-handling facility that has a manlift or ladder that provides access to a floor or roof over a grain bin or silo shall, in addition to its primary exit, have a secondary exit from the floor or roof that consists of an exterior fixed ladder constructed in accordance with the requirements referred to in subsection 2.9(1).

(2) A fixed ladder that is installed in a grain-handling facility before the day of the coming into force of this section shall, where reasonably practicable, meet the requirements referred to in subsection 2.9(1).

(3) A fixed ladder that is installed adjacent to a manlift and that is intended for emergency exit from the manlift shall meet the requirements of section 5.1.9 of CSA Standard B 311-M1979, entitled Safety Code for Manlifts, the English version of which is dated October 1979 and the French version of which is dated July 1984.

(2) Every guardrail shall be designed to withstand a static load of 890 N applied in any direction at any point on the top rail.

SOR/94-263, s. 8(F);

SOR/2000-374, s. 2.

Toe Boards

2.13 Where there is a hazard that tools or other objects may fall onto a person from a platform or other raised area, or through a floor opening or floor hole,

(a) a toe board that extends from the floor of the platform or other raised area to a height of not less than 125 mm shall be installed; or

(b) if the tools or other objects are piled to such a height that a toe board would not prevent the tools or other objects from falling, a solid or mesh panel shall be installed from the floor to a height of not less than 450 mm.

SOR/2000-374, s. 2.

Housekeeping and Maintenance

2.14(1) Every exterior stairway, walkway, ramp and passageway that may be used by employees shall be kept free of accumulations of ice and snow or other slipping or tripping hazards.

(2) All dust, dirt, waste and scrap material in every work place in a building shall be removed as often as is necessary to protect the health and safety of employees and shall be disposed of in such a manner that the health and safety of employees is not endangered.

(b) kept free of splinters, holes, loose boards and tiles and similar defects.

SOR/2000-374, s. 2;

SOR/2002-208, s. 6.

2.15 Where a floor in a work place is normally wet and employees in the work place do not use non-slip waterproof footwear, the floor shall be covered with a dry false floor or platform or treated with a non-slip material or substance.

SOR/88-632, s. 5(F);

SOR/96-525, s. 8;

SOR/2000-374, s. 2.

2.16(1) The cleaning of a window on any level above the ground floor level of a building the construction of which begins on or after the day of the coming into force of this subsection shall be done in accordance with the requirements of CSA Standard CAN/CSA-Z91-M90, entitled Safety Code for Window Cleaning Operations, as amended from time to time.

(2) To the extent reasonably practicable, the cleaning of a window on any level above the ground floor level of a building the construction of which began before the day of the coming into force of this subsection shall be done in accordance with the requirements referred to in subsection (1).

(3) Subsections (4) to (8) apply to buildings whose owners are employers as defined in subsection 122(1) of the Act.

(4) The employer shall, in respect of buildings the construction of which begins on or after the day of the coming into force of this subsection, ensure that a qualified person inspects the anchor points and permanently installed suspended platforms used for window cleaning and that they meet the requirements referred to in subsection (1).

(5) The employer shall, in respect of buildings the construction of which began before the day of the coming into force of this subsection, ensure that a qualified person inspects the anchor points and permanently installed suspended platforms used for window cleaning and that they meet the requirements of CSA Standard Z91-M1980, entitled Safety Code for Window Cleaning Operations, the English version of which is dated May 1980 and the French version of which is dated November 1983.

(7) Immediately on completion of an inspection, the qualified person shall, in a written, signed and dated report, inform the employer of any defects or hazardous conditions detected in the anchor points or permanently installed suspended platforms.

(a) ensure that any reported defect in the anchor points or permanently installed suspended platforms is repaired before they are used;

(b) ensure that any maintenance and repairs are performed in accordance with the manufacturer’s recommendations;

(c) keep, for a period of two years, a record of any inspection and maintenance, including the date the inspection or maintenance was carried out and the name of the person who did it; and

(d) keep, for as long as the anchor points and permanently installed suspended platforms are used, a record of the modifications or repairs made to them, including the day the work was done and the name of the person who did it.

SOR/2000-374, s. 2.

Temporary Heating

2.17(1) Subject to subsection (2), where a high-capacity portable open-flame heating device is used in an enclosed work place, the heating device shall

(a) be located, protected and used so that there is no hazard of igniting tarpaulins, wood or other combustible materials near the heating device;

(2) Where the heating device does not provide complete combustion of the fuel used in connection with it, it shall be equipped with an exhaust system that discharges the products of combustion outside the enclosed work place.

SOR/2000-374, s. 2.

DIVISION IITOWERS, ANTENNAS AND ANTENNA-SUPPORTING STRUCTURES

2.18(1) No employee shall climb a tower, an antenna or an antenna-supporting structure unless

(b) the employee has been trained and instructed in a safe method of climbing; and

(c) the employer has provided a fall-protection system in accordance with section 12.10.

(2) No employee shall climb or work on a tower, an antenna or an antenna-supporting structure

(a) when weather conditions are likely to be hazardous to the health or safety of the employee, except when the work is required to remove a hazard or to rescue an employee; or

(b) if the physical condition of the tower, antenna or antenna-supporting structure is likely to be hazardous to the health or safety of the employee.

SOR/2000-374, s. 2;

SOR/2002-208, s. 41.

2.19 Where reasonably practicable, the design and construction of every tower, antenna and antenna-supporting structure the construction of which begins on or after the day of the coming into force of this section shall meet the requirements of CSA Standard CAN/CSA-S37-94, entitled Antennas, Towers, and Antenna-Supporting Structures, as amended from time to time.

SOR/2000-374, s. 2.

DIVISION IIIHVAC SYSTEMS

Application

2.20 Sections 2.21 to 2.24 apply to every work place that is equipped with an HVAC system that is under the employer’s control.

SOR/2000-374, s. 2;

SOR/2011-206, s. 2.

Standards

2.21 Subject to section 2.22, every HVAC system installed on or after the day of the coming into force of this section shall meet the design requirements of ASHRAE Standard 62-1989, entitled Ventilation for Acceptable Indoor Air Quality, as amended from time to time.

SOR/2000-374, s. 2.

2.22 To the extent reasonably practicable, the relevant portion of an HVAC system shall be modified to meet the design requirements referred to in section 2.21 if

(a) the level of occupancy in a building or portion of a building exceeds the level for which the HVAC system was designed; or

(b) the use of a building or portion of a building differs from the use for which the HVAC system was designed.

SOR/2000-374, s. 2.

Records

2.23(1) For HVAC systems installed on or after the day of the coming into force of this section, the employer shall keep a record of the information required by section A-2.3.5.2 of Appendix A of the National Building Code and make the record readily available.

(2) In addition to the record required by subsection (1), the employer shall keep and make readily available a record of the normal hours of occupancy and the types of activities of the occupants of the building.

(3) In the case of HVAC systems to which subsection (1) does not apply, the employer shall keep and make readily available all records required by subsections (1) and (2) that are reasonably practicable to keep.

SOR/2000-374, s. 2.

Operation, Inspection, Testing, Cleaning and Maintenance

2.24(1) Every employer shall appoint a qualified person to set out, in writing, instructions for the operation, inspection, testing, cleaning and maintenance of an HVAC system and the calibration of probes or sensors on which the system relies. In writing the instructions, the qualified person shall take into account CSA Guideline Z204-94, entitled Guideline for Managing Air Quality in Office Buildings, dated June 1994.

(3) Despite paragraph (2)(c), if an investigation referred to in section 2.27 identifies that a health or safety hazard exists, the instructions shall be developed and made readily available without delay.

(4) The employer shall appoint a qualified person or persons to implement the instructions and make a report, in writing, of each inspection, testing, cleaning and maintenance operation.

(5) The report shall be kept readily available by the employer for a period of at least five years and shall

(a) specify the date and type of work performed, and the identity of the person who performed it;

(b) identify the components of the HVAC system or portion of an HVAC system involved; and

(c) record test results, any deficiencies observed and the actions taken to correct them.

SOR/2000-374, s. 2;

SOR/2002-208, s. 39;

SOR/2009-147, s. 3;

SOR/2011-206, s. 3.

2.25 An employer shall ensure that the qualified person or persons referred to in subsection 2.24(4) are instructed and trained in the specific procedures to be followed in the operation, inspection, testing, cleaning and maintenance of the HVAC system and the calibration of probes or sensors on which the system relies.

SOR/2000-374, s. 2;

SOR/2009-147, s. 4(F).

2.26 An employer shall post, in a place readily accessible to every employee, the telephone number of a contact person to whom health or safety concerns regarding the indoor air quality in the work place can be directed.

SOR/2000-374, s. 2;

SOR/2002-208, s. 42.

Investigations

2.27(1) Every employer shall develop, or appoint a qualified person to develop, a procedure for investigating situations in which the health or safety of an employee in the work place is or may be endangered by the air quality.

(h) the determination of levels of carbon dioxide, carbon monoxide, temperature, humidity and air motion, where necessary;

(i) the specification, where necessary, of tests to be conducted to determine levels of formaldehyde, particulates, airborne fungi and volatile organic compounds; and

(j) the identification of the standards or guidelines to be used in evaluating test results.

(3) In developing the procedure, the employer or the qualified person appointed by the employer shall take into account the Department of Health publication 93-EHD-166, entitled Indoor Air Quality in Office Buildings: A Technical Guide.

(4) Where the health or safety of an employee in a work place is or may be endangered by the air quality, the employer shall, without delay, appoint a qualified person to carry out an investigation in accordance with the procedure developed pursuant to subsection (1).

(5) The investigation shall be carried out in consultation with the work place committee or the health and safety representative.

(6) To the extent reasonably practicable, the employer shall, in consultation with the work place committee or the health and safety representative, remove or control any health or safety hazard that is identified in the course of the investigation.

(7) Every employer shall keep the records of every indoor air quality complaint and investigation for at least five years.

SOR/2000-374, s. 2;

SOR/2002-208, ss. 7, 40, 42.

PART IIITemporary Structures and Excavations

Application

3.1 This Part applies to portable ladders, temporary ramps and stairs, temporary elevated work bases used by employees and temporary elevated platforms used for materials.

General

3.2 No employee shall use a temporary structure where it is reasonably practicable to use a permanent structure.

SOR/94-263, s. 9(F).

3.3 No employee shall work on a temporary structure in rain, snow, hail or an electrical or wind storm that is likely to be hazardous to the health or safety of the employee, except if the work is required to remove a hazard or to rescue an employee.

SOR/2002-208, s. 8.

3.4 Tools, equipment and materials used on a temporary structure shall be arranged or secured in such a manner that they cannot be knocked off the structure accidentally.

3.6(1) Prior to a work shift, a qualified person shall make a visual safety inspection of every temporary structure to be used during that shift.

(2) Where an inspection made in accordance with subsection (1) reveals a defect or condition that adversely affects the structural integrity of a temporary structure, no employee shall use the temporary structure until the defect or condition is remedied.

SOR/2002-208, s. 9(F).

Barricades

3.7 Where a person or a vehicle may come into contact with a temporary structure, a person shall be positioned at the base of the temporary structure or a highly visible barricade shall be installed around it to prevent any such contact.

SOR/96-525, s. 9.

Guardrails and Toe Boards

3.8(1) Guardrails and toe boards shall be installed at every open edge of a platform of a temporary structure.

(2) The guardrails and toe boards referred to in subsection (1) shall meet the standards set out in sections 2.12 and 2.13.

SOR/2000-374, s. 3.

Temporary Stairs, Ramps and Platforms

3.9(1) Subject to subsection 3.10(3), temporary stairs, ramps and platforms shall be designed, constructed and maintained to support any load that is likely to be imposed on them and to allow safe passage of persons and equipment on them.

Scaffolds

3.10(1) The erection, use, dismantling or removal of a scaffold shall be carried out by or under the supervision of a qualified person.

(2) The footings and supports of every scaffold shall be capable of carrying, without dangerous settling, all loads that are likely to be imposed on them.

(3) Every scaffold shall be capable of supporting at least four times the load that is likely to be imposed on it.

(4) The platform of every scaffold shall be at least 480 mm wide and securely fastened in place.

Portable Ladders

3.11(1) Commercially manufactured portable ladders shall meet the standards set out in CSA Standard CAN3-Z11-M81, Portable Ladders, the English version of which is dated September, 1981, as amended to March, 1983 and the French version of which is dated August, 1982, as amended to June, 1983.

(2) Subject to subsection (3), every portable ladder shall, while being used,

(b) be secured in such a manner that it cannot be dislodged accidentally from its position.

(3) Where, because of the nature of the location or of the work being done, a portable ladder cannot be securely fastened in place, it shall, while being used, be sloped so that the base of the ladder is not less than one-quarter and not more than one-third of the length of the ladder from a point directly below the top of the ladder and at the same level as the base.

(4) Every portable ladder that provides access from one level to another shall extend at least three rungs above the higher level.

(5) Metal or wire-bound portable ladders shall not be used where there is a hazard that they may come into contact with any live electrical circuit or equipment.

(6) No employee shall work from any of the three top rungs of any single or extension portable ladder or from either of the two top steps of any portable step ladder.

SOR/88-632, s. 7(F).

Excavation

3.12(1) Before the commencement of work on a tunnel, excavation or trench, the employer shall mark the location of all underground pipes, cables and conduits in the area where the work is to be done.

(2) Where an excavation or trench constitutes a hazard to employees, a highly visible barricade shall be installed around it.

(3) In a tunnel or in an excavation or trench that is more than 1.4 m deep and whose sides are sloped at an angle of 45° or more to the horizontal

shall be supported by shoring and bracing that is installed as the tunnel, excavation or trench is being excavated.

(4) Subsection (3) does not apply in respect of a trench where the employer provides a system of shoring composed of steel plates and bracing, welded or bolted together, that can support the walls of the trench from the ground level to the trench bottom and can be moved along as work progresses.

(5) The installation and removal of the shoring and bracing referred to in subsection (3) shall be performed or supervised by a qualified person.

(6) Tools, machinery, timber, excavated materials or other objects shall not be placed within 1 m from the edge of an excavation or trench.

SOR/96-525, s. 10.

Safety Nets

3.13(1) Where there is a hazard that tools, equipment or materials may fall onto or from a temporary structure, the employer shall provide a protective structure or a safety net to protect from injury any employee on or below the temporary structure.

(2) The design, construction and installation of a safety net referred to in subsection (1) shall meet the standards set out in ANSI Standard ANSI A10.11-1979, American National Standard for Safety Nets Used During Construction, Repair and Demolition Operations, dated August 7, 1979.

Housekeeping

3.14 Every platform, hand-rail, guardrail and work area on a temporary structure used by an employee shall be kept free of accumulations of ice and snow while the temporary structure is in use.

3.15 The floor of a temporary structure used by an employee shall be kept free of grease, oil or other slippery substance and of any material or object that may cause an employee to trip.

PART IVElevating Devices

Application

4.1 This Part does not apply to elevating devices used in the underground workings of mines.

Standards

(a) meet the standards set out in the applicable CSA standard referred to in subsection (2) in so far as is reasonably practicable; and

(b) be used, operated and maintained in accordance with the standards set out in the applicable CSA standard referred to in subsection (2).

(2) For the purposes of subsection (1), the applicable CSA standard for

(a) elevators, dumbwaiters, escalators and moving walks is CSA Standard CAN3-B44-M85, Safety Code for Elevators, other than clause 9.1.4 thereof, the English version of which is dated November 1985 and the French version of which is dated March 1986;

(b) manlifts is CSA Standard B311-M1979, Safety Code for Manlifts, the English version of which is dated October, 1979 and the French version of which is dated July, 1984 and Supplement No. 1-1984 to B311-M1979, the English version of which is dated June, 1984 and the French version of which is dated August, 1984; and

(c) elevating devices for the handicapped is CSA Standard CAN3-B355-M81, Safety Code for Elevating Devices for the Handicapped, the English version of which is dated April, 1981 and the French version of which is dated December, 1981.

SOR/88-632, s. 8;

SOR/94-263, s. 10.

Use and Operation

4.3 No elevating device shall be used or operated with a load in excess of the load that it was designed and installed to move safely.

4.4(1) Subject to subsection (3), no elevating device shall be used or placed in service while any safety device attached thereto is inoperative.

(2) Subject to subsection (3), no safety device attached to an elevating device shall be altered, interfered with or rendered inoperative.

(3) Subsections (1) and (2) do not apply to an elevating device or a safety device that is being inspected, tested, repaired or maintained by a qualified person.

Inspection and Testing

4.5 Every elevating device and every safety device attached thereto shall be inspected and tested by a qualified person to determine that the prescribed standards are met

(a) before the elevating device and the safety device attached thereto are placed in service;

(b) after an alteration to the elevating device or a safety device attached thereto; and

(b) include the date of the inspection and test and the identification and location of the elevating device and safety device that were inspected and tested; and

(c) set out the observations of the person inspecting and testing the elevating device and safety device on the safety of the devices.

(2) Every record referred to in subsection (1) shall be made by the employer and kept by him in the work place in which the elevating device is located for a period of two years after the date on which it is signed in accordance with paragraph (1)(a).

Repair and Maintenance

4.7 Repair and maintenance of elevating devices or safety devices attached thereto shall be performed by a qualified person appointed by the employer.

PART VBoilers and Pressure Vessels

Interpretation

Boiler Code means CSA Standard B51-97, Boiler, Pressure Vessel, and Pressure Piping Code, the English version of which is dated September 1997 and was amended in February 1998 and the French version of which is dated September 1998. (Code des chaudières)

high pressure boiler

high pressure boiler means a boiler in which steam, gas or vapour is generated at more than one atmosphere of pressure or a boiler containing liquid that has a working pressure exceeding 1,100 kPa or an operating temperature exceeding 121°C. (chaudièreà haute pression)

inspector

inspector means a person recognized under the laws of any province or by the National Board of Boiler and Pressure Vessel Inspectors as qualified to inspect boilers, pressure vessels and pressure piping systems. (inspecteur)

low pressure hot water boiler

low pressure hot water boiler means a hot water boiler that has a pressure not exceeding 1,100 kPa and an operating temperature not exceeding 121°C. (chaudière à eau chaude basse pression)

low pressure organic fluid boiler

low pressure organic fluid boiler means a boiler that contains an organic fluid, that has an operating temperature not exceeding 343°C and that has no valves or other obstructions to prevent circulation of the organic fluid between the boiler and an expansion tank that is fully vented to the atmosphere. (chaudière à basse pression contenant un hydrocarbure)

low pressure steam boiler

low pressure steam boiler means a boiler that operates at a vapour pressure not exceeding of one atmosphere of pressure. (chaudière à vapeur basse pression)

low working pressure hot water boiler

low working pressure hot water boiler[Repealed, SOR/2009-147, s. 5]

maximum allowable working pressure

maximum allowable working pressure means the maximum working pressure that is specified by the manufacturer in the plans and specifications accepted and registered by the provincial authorities and that is set out in the record referred to in section 5.18. (pression de fonctionnement maximale autorisée)

maximum temperature

maximum temperature means the maximum temperature that is specified by the manufacturer in the plans and specifications accepted and registered by the provincial authorities and that is set out in the record referred to in section 5.18. (température maximale)

NDT technician

NDT technician means a person who performs nondestructive testing and who is certified to carry out such testing. (technicien END)

pipeline

pipeline has the same meaning as in section 2 of the National Energy Board Act, but does not include boilers. (pipeline)

pressure piping system

pressure piping system means an assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that contains a gas, vapour or liquid and is connected to a boiler or pressure vessel. (réseau de canalisations sous pression)

unfired boiler

unfired boiler means a boiler in which steam or other vapour is generated by a source of heat other than combustion and includes an electric boiler. (chaudière sans combustion)

Fabrication and Installation Standards

5.3 Every boiler, pressure vessel and pressure piping system used in a work place shall, to the extent reasonably practicable, meet the standards relating to design, construction, testing, stamping, nameplates, fabrication inspection and installation set out in clauses 4.15 to 4.18 and 5.1 to 9.1 of Part 1 of the Boiler Code.

SOR/94-263, s. 11;

SOR/2001-284, s. 1.

5.4(1) Every boiler and pressure vessel shall have at least one safety valve or other equivalent fitting to maintain pressure at or below the maximum allowable working pressure of the boiler or pressure vessel.

(2) When two or more boilers or pressure vessels are connected and are used at a common operating pressure, they shall each be fitted with at least one safety valve or other equivalent fitting to maintain pressure at or below the maximum allowable working pressure of the boiler or pressure vessel that has the lowest maximum allowable working pressure.

SOR/2001-284, s. 1.

Use, Operation, Repair, Alteration and Maintenance

5.5(1) An employer shall ensure that a qualified person, charged with the operation of a boiler, is in attendance and readily available at all times while the boiler is in operation and other employees are normally present in the same building as a boiler.

(a) the boiler is equipped with a fail-safe device and an automated warning device that will ensure the safe operation of the boiler and its shutdown if required, and that are installed in such a manner that they

(b) the boiler is rated below 2,000 kW in the case of a high pressure boiler, and below 3,000 kW in the case of a low pressure boiler, which includes a low pressure hot water boiler, a low pressure organic fluid boiler and a low pressure steam boiler.

(3) When a boiler is shut down by a device referred to in paragraph (2)(a), the boiler shall not be restarted unless it has been examined by a qualified person and the cause of the shutdown rectified.

SOR/88-632, s. 10(F);

SOR/2001-284, s. 1.

5.6 Every boiler, pressure vessel and pressure piping system in use at a work place shall be operated, maintained and repaired only by a qualified person.

SOR/2001-284, s. 1.

5.7 All repairs and welding of boilers, pressure vessels and pressure piping systems shall be carried out in accordance with the standards referred to in clauses 6.1, 7.1 and 8.1 of Part I of the Boiler Code.

SOR/2001-284, s. 1.

5.8 No person shall alter, interfere with or render inoperative any fitting attached to a boiler or pressure vessel except for the purpose of adjusting or testing the fitting.

SOR/2001-284, s. 1;

SOR/2009-147, s. 6(F).

5.9(1) The factor of safety of a high pressure lap-seam riveted boiler, shall be increased by at least 0.1 each year after 20 years of use.

(2) If the boiler is relocated at any time, it shall not be operated at a pressure that is more than one atmosphere of pressure.

SOR/2001-284, s. 1.

Inspections

5.10(1) No person shall use a boiler, pressure vessel or pressure piping system unless it has been inspected by an inspector in accordance with subsection (2) and it has been certified by the inspector as safe for its intended use as stated in the declaration referred to in subparagraph 5.18(2)(b)(v).

(3) A person who operates, repairs or maintains a boiler, pressure vessel or pressure piping system or any part of it may not inspect the boiler, pressure vessel or pressure piping system for the purposes of subsection (2).

SOR/2001-284, s. 1.

5.11(1) Every high pressure boiler and every low pressure steam boiler in use at a work place shall be inspected

(8) If the known corrosion rate of a pressure vessel is zero, internal inspection is not necessary provided that complete external inspections, including nondestructive thickness measurements performed by an NDT technician, are made at least once every two years on the pressure vessel and the following conditions are met:

(a) the non-corrosive nature of the service conditions, including the effect of trace components, has been established by at least five continuous years of comparable service experience with the fluid being handled;

(b) the periodic external inspection indicates that the condition of the pressure vessel does not warrant any further investigation;

(c) the operating temperature and pressure of the pressure vessel does not exceed the lower limits for the creep rupture range of the vessel metal; and

(d) the pressure vessel is protected against inadvertent contamination, and there is no evidence of contamination.

(9) If a pressure vessel is used to store anhydrous ammonia, the internal inspection frequency referred to in paragraph (5)(b) may be replaced by an internal inspection conducted at least once every five years if, at the same time, a hydrostatic test at a pressure equal to one and one-half times the maximum allowable working pressure is conducted.

SOR/2001-284, s. 1.

5.12 Every boiler, pressure vessel and pressure piping system in use at a work place shall be inspected by an inspector more frequently than it is provided for in section 5.11, if it is necessary to ensure that the boiler, pressure vessel or pressure piping system is safe for its intended use.

SOR/88-632, s. 11;

SOR/94-263, s. 12;

SOR/2001-284, s. 1.

5.13 For the purposes of subsections 5.11(5), (6) and (8), the corrosion rate shall be determined from actual metal loss during the last appropriate inspection period specified in the subsections.

SOR/88-632, s. 12(F);

SOR/2001-284, s. 1.

5.14 Stationary or portable air receivers used in the railway industry, instead of being inspected in accordance with subsection 5.11(7) and a record completed in accordance with section 5.18, may be inspected and tested and a record filed in accordance with TC-0-010, Rules for the Installation, Inspection and Testing of Air Reservoirs (Other Than on Motive Power Equipment) made by the Railway Association of Canada and approved by the Minister of Transport on December 5, 1994.

SOR/88-632, s. 13(F);

SOR/2001-284, s. 1.

5.15 If a pressure vessel that contains materials hazardous to human health or the environment is to be emptied before being inspected, it shall be emptied and inspected in a manner that does not pose a risk to human health or the environment.

SOR/2001-284, s. 1.

Buried Pressure Vessels

5.16(1) The installation of a buried pressure vessel shall meet the requirements set out in Appendix A to Part I of the Boiler Code.

(2) Notice of the proposed backfilling shall be given to a health and safety officer at the regional office or district office before backfilling is done over a pressure vessel.

(3) If test plates are used as an indication of corrosion of a buried pressure vessel, the test plates and, subject to subsection (4), the pressure vessel shall be completely uncovered and inspected by an inspector at least once every three years.

(4) If, on an inspection referred to in subsection (3), the test plates show no corrosion, the buried pressure vessel may be completely uncovered and inspected at intervals exceeding three years if the employer, immediately after the inspection, notifies in writing a regional health and safety officer at the regional office or district office of the condition of the test plates and of the proposed inspection schedule for the pressure vessel.

(5) Every buried pressure vessel shall be completely uncovered and inspected at least once every 15 years.

SOR/88-632, s. 15(F);

SOR/2001-284, s. 1;

SOR/2009-147, s. 7(F).

Records and Reports

5.17 The employer shall keep and maintain a record of every boiler, pressure vessel and pressure piping system to which this Part applies and that is under the employer’s control.

SOR/88-632, s. 16(F);

SOR/2001-284, s. 1.

5.18(1) A report of each inspection carried out under sections 5.10 to 5.16 shall be completed by the inspector who carried out the inspection.

(ii) the identification and location of the boiler, pressure vessel or pressure piping system that was inspected,

(iii) the maximum allowable working pressure and the maximum temperature at which the boiler or pressure vessel may be operated,

(iv) a declaration as to whether the boiler, pressure vessel or pressure piping system meets the standards prescribed by this Part,

(v) a declaration as to whether the boiler, pressure vessel or pressure piping system is safe for its intended use,

(vi) a list of any defects or deficiencies the inspector has observed in the condition or operating and maintenance practices of the boiler, pressure vessel or pressure piping system, and

(vii) any other observation that the inspector considers relevant to the safety of employees.

(3) The employer shall keep readily available every record of inspection for the last two inspection periods and on the request of the work place committee or the health and safety representative, shall provide the work place committee or the health and safety representative with a copy.

SOR/2001-284, s. 1.

PART VILighting

Interpretation

aerodrome apron means that part of a land aerodrome intended to accommodate the loading and unloading of passengers and cargo and the refuelling, servicing, maintenance and parking of aircraft; (aire de trafic)

aircraft stand

aircraft stand means that part of an aerodrome apron intended to be used for the parking of aircraft for the purpose of loading or unloading passengers and providing ground services; (poste de stationnement)

primary grain elevator

primary grain elevator means a grain elevator the principal use of which is the receiving of grain directly from producers for storage or forwarding; (installation primaire)

task position

task position means a position at which a visual task is performed; (poste de travail)

Application

6.2 This Part does not apply in respect of lighting in any underground portion of a coal mine.

SOR/89-515, s. 1.

Measurement of Average Levels of Lighting

6.3 For the purposes of sections 6.4 to 6.10, the average level of lighting at a task position or in an area shall be determined

(a) by making four measurements at different places representative of the level of lighting at the task position or, in an area, representative of the level of lighting 1 m above the floor of the area; and

(b) by dividing the aggregate of the results of those measurements by four.

SOR/89-515, s. 1.

Lighting — Office Areas

6.4 The average level of lighting at a task position or in an area set out in Column I of an item of Schedule I, other than a task position or area referred to in section 6.7 or 6.9, shall not be less than the level set out in Column II of that item.

SOR/89-515, s. 1.

Lighting — Industrial Areas

6.5 The average level of lighting in an area set out in Column I of an item of Schedule II, other than an area referred to in section 6.7 or 6.9, shall not be less than the level set out in Column II of that item.

SOR/89-515, s. 1.

Lighting — General Areas

6.6 The average level of lighting in an area set out in Column I of an item of Schedule III, other than an area referred to in section 6.7 or 6.9, shall not be less than the level set out in Column II of that item.

SOR/89-515, s. 1.

Lighting — VDT

6.7(1) The average level of lighting at a task position or in an area set out in Column I of an item of Schedule IV shall not be more than the level set out in Column II of that item.

(2) Reflection glare on a VDT screen shall be reduced to the point where an employee at a task position is able to

(3) Where a generator is used as a power source for emergency lighting, the inspection, testing and maintenance of the generator shall be in accordance with the requirements referred to in section 6.7 of the National Fire Code, as amended from time to time.

(4) Where a central storage battery system is used as a power source for emergency lighting or where emergency lighting is provided by a self-contained emergency lighting unit, the battery system or the unit shall be tested

(b) annually under simulated power failure or electrical fault conditions.

(5) Where a battery, other than a hermetically sealed battery, is tested in accordance with paragraph (4)(a), the electrolyte level of the battery shall be checked and, if necessary, adjusted to the proper level.

(6) Where a self-contained emergency lighting unit is tested in accordance with paragraph (4)(b), all lamps forming part of the unit shall be operated for the time period set out in Sentence 3.2.7.3(2) of the National Building Code, as amended from time to time, that is applicable to the class of buildings to which the building in which the unit is installed belongs.

(7) Every employer shall make a record of the results of each test performed in accordance with subsection (3) or (4) and keep the record for two years after the test.

SOR/89-515, s. 1.

Minimum Levels of Lighting

6.11(1) Subject to subsections (2) to (4), the level of lighting at any place at a task position or in an area that may be measured for the purposes of section 6.3 shall not be less than one third of the level of lighting prescribed by this Part for that task position or area.

(2) The level of lighting at any place at a task position or in an area set out in Column I of item 8 or 9 of Schedule III or Column I of item 1 of Schedule IV that may be measured for the purposes of section 6.3 shall not be less than one tenth of the level of lighting prescribed by this Part for that task position or area.

(3) The level of lighting at any place at a task position referred to in section 6.8 that may be measured for the purposes of section 6.3 shall not be less than one quarter of the level of lighting prescribed by this Part for that task position.

(4) In a building the construction of which is commenced after October 31, 1990, the level of emergency lighting at any place in an area referred to in subsection 6.10(1) that may be measured for the purposes of section 6.3 shall not be less than 0.25 lx.

SOR/89-515, s. 1.

SCHEDULE I(Section 6.4)

Levels of Lighting in Office Areas

Item

Column I

Column II

Task position or area

Level in lx

1

DESK WORK

(a) Task positions at which cartography, designing, drafting, plan-reading or other very difficult visual tasks are performed

1 000

(b) Task positions at which business machines are operated or stenography, accounting, typing, filing, clerking, billing, continuous reading or writing or other difficult visual tasks are performed

500

2

OTHER OFFICE WORK

Conference and interview rooms, file storage areas, switchboard or reception areas or other areas where ordinary visual tasks are performed

PART VIILevels of Sound

Interpretation

A-weighted sound pressure level means a sound pressure level as determined by a measurement system which includes an A-weighting filter that meets the requirements set out in the International Electrotechnical Commission Standard 651 (1979), Sound Level Meters, as amended from time to time; (niveau de pression acoustique pondérée A)

noise exposure level (Lex,8) means 10 times the logarithm to the base 10 of the time integral over any 24 hour period of a squared A-weighted sound pressure divided by 8, the reference sound pressure being 20 µPa; (niveau d’exposition (Lex,8))

sound level meter

sound level meter means a device for measuring sound pressure level that meets the performance requirements for a Type 2 instrument as specified in the International Electrotechnical Commission Standard 651 (1979), Sound Level Meters, as amended from time to time; (sonomètre)

sound pressure level

sound pressure level means 20 times the logarithm to the base 10 of the ratio of the root mean square pressure of a sound to the reference sound pressure of 20 µPa, expressed in decibels. (niveau de pression acoustique)

SOR/91-448, s. 1;

SOR/98-589, s. 1.

Measurement and Calculation of Exposure

7.2(1) For the purposes of this Part, the exposure of an employee to sound shall be measured using an instrument that

(a) is recommended for that measurement in clause 4.3 of CSA Standard CAN/CSA-Z107.56-M86, Procedures for the Measurement of Occupational Noise Exposure, as amended from time to time; and

(b) meets the requirements for such an instrument set out in clause 4 of the Standard referred to in paragraph (a).

(2) The exposure of an employee to sound shall be measured in accordance with clauses 5, 6.4.1, 6.4.4, 6.5.2, 6.5.4, 6.6.2 and 6.6.4 of the Standard referred to in paragraph (1)(a).

(3) For the purposes of this Part, the measurement and calculation of the noise exposure level (Lex, 8) to which an employee is exposed shall take into account the exposure of the employee to A-weighted sound pressure levels of 74 dBA and greater.

(4) The measurement and calculation of the noise exposure level (Lex, 8) referred to in subsection (3) may also take into account the exposure of the employee to A-weighted sound pressure levels that are less than 74 dBA.

SOR/91-448, s. 1.

Hazard Investigation

7.3(1) Where an employee in a work place may be exposed to an A-weighted sound pressure level equal to or greater than 84 dBA for a duration that is likely to endanger the employee’s hearing, the employer shall, without delay,

(a) appoint a qualified person to carry out an investigation of the degree of exposure; and

(b) notify the work place committee or the health and safety representative of the investigation and the name of the person appointed to carry out the investigation.

(3) For the purposes of subsection (1), the measurement of the A-weighted sound pressure level in a work place shall be performed instantaneously, during normal working conditions, using the slow response setting of a sound level meter.

(4) In the investigation referred to in subsection (1), the following matters shall be considered:

(d) whether the exposure of the employee is likely to exceed the limits prescribed by section 7.4; and

(e) whether the employee is likely to be exposed to a noise exposure level (Lex,8) equal to or greater than 84 dBA.

(5) On completion of the investigation and after consultation with the work place committee or the health and safety representative, the person appointed to carry out the investigation shall set out in a written report signed and dated by the person

(a) observations respecting the matters considered in accordance with subsection (4);

(b) recommendations respecting the measures that should be taken in order to comply with sections 7.4 to 7.8; and

(c) recommendations respecting the use of hearing protectors by employees who are exposed to a noise exposure level (Lex,8) equal to or greater than 84 dBA and not greater than 87 dBA.

(6) The report shall be kept by the employer at the work place in respect of which it applies for a period of ten years after the date of the report.

(7) Where it is stated in the report that an employee is likely to be exposed to a noise exposure level (Lex,8) equal to or greater than 84 dBA, the employer shall, without delay,

(a) post and keep posted a copy of the report in a conspicuous place in the work place in respect of which it applies; and

(b) provide the employee with written information describing the hazards associated with exposure to high levels of sound.

SOR/91-448, s. 1;

SOR/98-589, s. 2;

SOR/2002-208, s. 10.

Limits of Exposure

7.4 No employee in a work place shall, in any 24 hour period, be exposed to

(a) an A-weighted sound pressure level set out in column I of the schedule for a duration of exposure exceeding the applicable duration set out in column II, or

Reduction of Sound Exposure

7.5 Insofar as is reasonably practicable, every employer shall, by engineering controls or other physical means other than hearing protectors, reduce the exposure to sound of employees to a level that does not exceed the limits prescribed by section 7.4.

SOR/91-448, s. 1;

SOR/94-33, s. 2(F);

SOR/98-589, s. 4.

Report to Regional Health and Safety Officer

[SOR/2002-208, s. 11]

7.6 Where it is not reasonably practicable, without providing hearing protectors, for an employer to maintain the exposure to sound of an employee to whom section 7.4 applies at a level that does not exceed the limits prescribed by that section, the employer shall, without delay,

(a) make a report in writing to the regional health and safety officer setting out the reasons why it is not reasonably practicable to do so; and

(b) provide a copy of the report to the work place committee or the health and safety representative.

SOR/91-448, s. 1;

SOR/98-589, s. 5;

SOR/2002-208, s. 12.

Hearing Protection

7.7(1) Where an employer is required to make a report pursuant to section 7.6, the employer shall, as soon as is reasonably practicable, provide every employee whose exposure to sound is likely to exceed the limits prescribed by section 7.4 with a hearing protector that

(a) meets the requirements set out in CSA Standard Z94.2-M1984, Hearing Protectors, as amended from time to time; and

(b) prevents the employee using the hearing protector from being exposed to a level of sound that exceeds the limits prescribed by section 7.4.

(2) Where an employer provides a hearing protector to an employee pursuant to subsection (1), the employer shall

(a) in consultation with the work place committee or the health and safety representative, formulate a program to train the employee in the fit, care and use of the hearing protector; and

(3) Every employer shall ensure that every person, other than an employee, to whom the employer grants access to a work place where the person is likely to be exposed to a level of sound that exceeds the limits set out in section 7.4 uses a hearing protector that meets the standard referred to in paragraph (1)(a).

SOR/91-448, s. 1;

SOR/94-33, s. 3;

SOR/98-589, s. 6;

SOR/2002-208, s. 13.

Warning Signs

7.8(1) At every work place where an employee may be exposed to an A-weighted sound pressure level greater than 87 dBA, the employer shall, at conspicuous locations within the work place, post and keep posted signs warning of a potentially hazardous level of sound in the work place.

(2) For the purposes of subsection (1), the measurement of the A-weighted sound pressure level in a work place shall be performed instantaneously, during normal working conditions, using the slow response setting of a sound level meter.

SOR/91-448, s. 1;

SOR/98-589, s. 7.

SCHEDULE(Section 7.4)

Maximum Duration of Exposure to A-Weighted Sound Pressure Levels in the Work Place

Application

Standards

8.3(1) The design, construction and installation of all electrical equipment shall meet the standards set out in the Canadian Electrical Code, Part I, in so far as is reasonably practicable.

(2) The operation and maintenance of all electrical equipment shall meet the standards set out in the Canadian Electrical Code.

SOR/94-263, s. 16.

Safety Procedures

8.4(1) All testing or work performed on electrical equipment shall be performed by a qualified person or an employee under the direct supervision of a qualified person.

(2) Where the electrical equipment has a voltage in excess of 5,200 V between any two conductors or in excess of 3,000 V between any conductor and ground,

(a) the qualified person or the employee referred to in subsection (1) shall use such insulated protection equipment and tools as will protect him from injury during the performance of the work; and

(b) the employee referred to in subsection (1) shall be instructed and trained in the use of the insulated protection equipment and tools.

8.5(1) Subject to subsections (2) and (3), no employee shall work on electrical equipment unless the equipment is isolated.

(2) If it is not reasonably practicable to isolate the electrical equipment and an employee must work on live equipment, the employer shall instruct the employee in procedures that are safe for live conductors.

(3) Where electrical equipment is not live but is capable of becoming live, no employee shall work on the equipment unless

(4) Subject to subsections (5) and (6), where an employee is working on or near electrical equipment that is live or may become live, the electrical equipment shall be guarded.

(5) Subject to subsection (6), where it is not practicable for the electrical equipment referred to in subsection (4) to be guarded, the employer shall take measures to protect the employee from injury by insulating the equipment from the employee or the employee from ground.

(6) Where live electrical equipment is not guarded or insulated in accordance with subsection (4) or (5) or where the employee referred to in subsection (5) is not insulated from ground, the employee shall not work so near to any live part of the electrical equipment that is within a voltage range listed in column I of an item of the schedule to this Part that the distance between the body of the employee or any thing with which the employee is in contact and the live part of the equipment is less than

(a) the distance set out in column II of that item, where the employee is not a qualified person; or

(b) the distance set out in column III of that item, where the employee is a qualified person.

(7) No employee shall work near a live part of any electrical equipment referred to in subsection (6) where there is a hazard that an unintentional movement by the employee would bring any part of the body of the employee or any thing with which the employee is in contact closer to that live part than the distance referred to in that subsection.

SOR/88-632, s. 18(F);

SOR/94-263, s. 17(F);

SOR/98-427, s. 2;

SOR/2002-208, s. 14.

8.6 No employee shall work on or near high voltage electrical equipment unless he is authorized to do so by his employer.

8.7 A legible sign with the words “Danger — High Voltage” and “Danger — Haute Tension” in letters that are not less than 50 mm in height on a contrasting background shall be posted in a conspicuous place at every approach to live high voltage electrical equipment.

Safety Watcher

8.8(1) Where an employee is working on or near live electrical equipment and, because of the nature of the work or the condition or location of the work place, it is necessary for the safety of the employee that the work be observed by a person not engaged in the work, the employer shall appoint a safety watcher

(a) informed of his duties as a safety watcher and of the hazard involved in the work;

(b) trained and instructed in the procedures to follow in the event of an emergency;

(c) authorized to stop immediately any part of the work that he considers dangerous; and

(d) free of any other duties that might interfere with his duties as a safety watcher.

(3) For the purposes of subsection (1), an employer may appoint himself as a safety watcher.

Coordination of Work

8.9 Where an employee is working on or in connection with electrical equipment, that employee and every other person who is so working, including every safety watcher, shall be fully informed by the employer with respect to the safe coordination of their work.

Poles and Elevated Structures

8.10(1) Before an employee climbs a pole or elevated structure that is used to support electrical equipment, the employer shall give instructions and training to the employee respecting inspections and tests of the pole or structure to be carried out before the pole or structure is climbed.

(2) Where, as a result of an inspection or test of a pole or elevated structure referred to in subsection (1), it appears to an employee that the pole or structure will be safe for climbing only when temporary supports have been installed, pike-poles alone shall not be used for such supports.

(3) No employee shall work on any pole or elevated structure referred to in subsection (1) unless he has been instructed and trained in the rescue of employees who may be injured in the course of the work.

8.11 Every pole or elevated structure that is embedded in the ground and is used to support electrical equipment shall meet the standards set out in

(b) CSA Standard A14-M1979, Concrete Poles, the English version of which is dated September 1979 and the French version of which is dated November 1987.

SOR/94-263, s. 18.

Isolation of Electrical Equipment

8.12(1) Before an employee isolates electrical equipment or changes or terminates the isolation of electrical equipment, the employer shall issue written instructions with respect to the procedures to be followed for the safe performance of that work.

(2) The instructions referred to in subsection (1) shall be signed by the employer and shall specify

(3) A copy of the instructions referred to in subsection (1) shall be shown and explained to the employee.

(4) The instructions referred to in subsection (1) shall be kept readily available for examination by employees for the period referred to in paragraph (2)(b) and thereafter shall be kept by the employer for a period of one year at his place of business nearest to the work place in which the electrical equipment is located.

SOR/88-632, s. 19((F).

8.13(1) Subject to subsection (4), no work on or live test of isolated electrical equipment shall be performed unless

(b) the employer has determined, on the basis of visual observation, that every control device and every locking device necessary to establish and maintain the isolation of the equipment

(i) is set in the safe position with the disconnecting contacts of control devices safely separated or, in the case of a draw-out type electrical switch gear, is withdrawn to its full extent from the contacts of the electrical switch gear,

(iii) bears a distinctive tag or sign designed to notify persons that operation of the control device and movement of the locking device are prohibited during the performance of the work or live test.

(2) Where more than one employee is performing any work on or live test of isolated electrical equipment, a separate tag or sign for each such employee shall be attached to each control device and locking device referred to in subsection (1).

(3) The tag or sign referred to in subparagraph (1)(b)(iii) or subsection (2) shall

(a) contain the words “DO NOT OPERATE — DÉFENSE D’ACTIONNER” or display a symbol conveying the same meaning;

(b) show the date and hour that the control device and the locking device referred to in paragraph (1)(b) were set in the safe position or were withdrawn to their full extent from the contacts;

(d) where used in connection with a live test, be distinctively marked as a testing tag or sign;

(e) be removed only by the employee performing the work or live test; and

(f) be used for no purpose other than the purpose referred to in paragraph (1)(b)(iii).

(4) Where, because of the nature of the work in which the electrical equipment is being used, it is not practicable to comply with subsection (1), no work on or live test of electrical equipment shall be performed unless a guarantee of isolation referred to in section 8.14 is given to the person in charge.

SOR/88-632, s. 20(F);

SOR/94-263, s. 19(F).

Guarantees of Isolation for Electrical Equipment

[SOR/88-632, s. 21(F)]

8.14(1) No employee shall give or receive a guarantee of isolation for electrical equipment unless he is authorized in writing by his employer to give or receive a guarantee of isolation.

(2) Not more than one employee shall give a guarantee of isolation for a piece of electrical equipment for the same period of time.

(3) Before an employee performs work on or a live test of isolated electrical equipment, the person in charge shall receive from the guarantor

(6) A written record referred to in subsection (5) shall contain the information referred to in subsection (4).

(7) Every written guarantee of isolation and every written record referred to in subsection (5) shall be

(a) kept by the person in charge readily available for examination by the employee performing the work or live test until the work or live test is completed;

(b) given to the employer when the work or live test is completed; and

(c) kept by the employer for a period of one year after the completion of the work or live test at his place of business nearest to the work place in which the electrical equipment is located.

SOR/88-632, ss. 21, 22;

SOR/94-263, s. 20(F);

SOR/96-525, s. 13.

8.15 Where a written guarantee of isolation or a written record of an oral guarantee of isolation is given to a person in charge and the person in charge is replaced at the work place by another person in charge before the guarantee has terminated, the other person in charge shall sign the written guarantee of isolation or written record of the oral guarantee of isolation.

SOR/88-632, s. 23(F).

8.16 Before an employee gives a guarantee of isolation for electrical equipment that obtains all or any portion of its electrical energy from a source that is not under his direct control, the employee shall obtain a guarantee of isolation in respect of the source from the person who is in direct control thereof and is authorized to give the guarantee in respect thereof.

SOR/88-632, s. 23(F).

Live Test

8.17(1) No employee shall give a guarantee of isolation for the performance of a live test on isolated electrical equipment unless

(a) any other guarantee of isolation given in respect of the electrical equipment for any part of the period for which the guarantee of isolation is given is terminated;

(b) every person to whom the other guarantee of isolation referred to in paragraph (a) was given has been informed of its termination; and

(c) any live test to be performed on the electrical equipment will not be hazardous to the health or safety of the person performing the live test.

(2) Every person performing a live test shall warn all persons who, during or as a result of the test, are likely to be exposed to a hazard.

SOR/88-632, s. 23(F);

SOR/2002-208, s. 39.

Termination of Guarantee of Isolation

8.18(1) Every person in charge shall, when work on or a live test of isolated electrical equipment is completed,

(3) The records referred to in subsections (1) and (2) shall be kept by the employer for a period of one year after the date of signature thereof at his place of business nearest to the work place in which the electrical equipment is located.

SOR/88-632, s. 24(F).

Safety Grounding

8.19(1) No employee shall attach a safety ground to electrical equipment unless he has tested the electrical equipment and has established that it is isolated.

(2) Subsection (1) does not apply in respect of electrical equipment that is grounded by means of a grounding switch that is an integral part of the equipment.

SOR/88-632, s. 25(F).

8.20(1) Subject to subsection (2), no work shall be performed on any electrical equipment in an area in which is located

unless the equipment referred to in paragraphs (a) to (e) is connected to a common grounding network.

(2) Where, after the connections referred to in subsection (1) are made, a safety ground is required to ensure the safety of an employee working on the electrical equipment referred to in that subsection, the safety ground shall be connected to the common grounding network.

8.21 Every conducting part of a safety ground on isolated electrical equipment shall have sufficient current carrying capacity to conduct the maximum current that is likely to be carried on any part of the equipment for such time as is necessary to permit operation of any device that is installed on the electrical equipment so that, in the event of a short circuit or other electrical current overload, the electrical equipment is automatically disconnected from its source of electrical energy.

(a) a grounding bus, a station grounding network, a neutral conductor, a metal structure or an aerial ground, or

(b) one or more metal rods that are not less than 16 mm in diameter and are driven not less than l m into undisturbed compact earth at a minimum distance of 4.5 m from the base of the pole, structure, apparatus or other thing to which the electrical equipment is attached or from the area where persons on the ground work and in a direction away from the main work area. (point de mise à la terre)

(2) No safety ground shall be attached to or disconnected from isolated electrical equipment except in accordance with the following requirements:

(a) the safety ground shall, to the extent that is practicable, be attached to the pole, structure, apparatus or other thing to which the electrical equipment is attached;

(b) all isolated conductors, neutral conductors and all non-insulated surfaces of the electrical equipment shall be short-circuited, electrically bonded together and attached by a safety ground to a point of safety grounding in a manner that establishes equal voltage on all surfaces that can be touched by persons who work on the electrical equipment;

(c) the safety ground shall be attached by means of mechanical clamps that are tightened securely and are in direct contact with bare metal;

(d) the safety ground shall be so secured that none of its parts can make contact accidentally with any live electrical equipment;

(e) the safety ground shall be attached and disconnected using insulated protection equipment and tools;

(f) the safety ground shall, before it is attached to isolated electrical equipment, be attached to a point of safety grounding; and

(g) the safety ground shall, before being disconnected from the point of safety grounding, be removed from the isolated electrical equipment in such a manner that the employee avoids contact with all live conductors.

SOR/88-632, s. 27;

SOR/94-263, s. 21(F);

SOR/98-427, s. 3(F).

Switches and Control Devices

8.23(1) Every control device shall be so designed and located as to permit quick and safe operation at all times.

(2) The path of access to every electrical switch, control device or meter shall be free from obstruction.

(3) Where an electrical switch or other device controlling the supply of electrical energy to electrical equipment is operated only by a person authorized to do so by the employer, the switch or other device shall be fitted with a locking device that only an authorized person can activate.

field accommodation means fixed or mobile accommodation that is living, eating or sleeping quarters provided by an employer for the accommodation of employees at a work place; (logement sur place)

mobile accommodation

mobile accommodation means field accommodation that may be easily and quickly moved. (logement mobile)

General

9.2(1) Every employer shall maintain each personal service room and food preparation area used by employees in a clean and sanitary condition.

(2) Personal service rooms and food preparation areas shall be so used by employees that the rooms or areas will remain as clean and in such a sanitary condition as is possible.

9.3 All janitorial work that may cause dusty or unsanitary conditions shall be carried out in a manner that will prevent the contamination of the air by dust or other substances injurious to health.

9.4 Each personal service room shall be cleaned at least once every day that it is used.

9.5(1) Every plumbing system that supplies potable water and removes water-borne waste

(a) shall meet the standards set out in the Canadian Plumbing Code; and

(b) subject to subsection (2), shall be connected to a municipal sanitation sewer or water main.

(2) Where it is not practicable to comply with paragraph (1)(b), the employer shall provide a waste disposal system that meets the standards set out in ANSI standard ANSI Z4.3-1979, Minimum Requirements for Nonsewered Waste-Disposal Systems, dated November 8, 1978.

SOR/94-263, s. 22(F).

9.6(1) Each container that is used for solid or liquid waste in the work place shall

(d) where there may be internal pressure in the container, be so designed that the pressure is relieved by controlled ventilation.

(2) Each container referred to in subsection (1) shall be emptied at least once every day that it is used.

9.7(1) Each enclosed part of a work place, each personal service room and each food preparation area shall be constructed, equipped and maintained in a manner that will prevent the entrance of vermin.

(2) Where vermin have entered any enclosed part of a work place, personal service room or food preparation area, the employer shall immediately take all steps necessary to eliminate the vermin and prevent the re-entry of the vermin.

9.8 No person shall use a personal service room for the purpose of storing equipment unless a closet fitted with a door is provided in that room for that purpose.

SOR/88-632, s. 28(F).

9.9 In each personal service room and food preparation area, the temperature, measured one metre above the floor in the centre of the room or area, shall be maintained at a level of not less than 18°C and, where reasonably practicable, not more than 29°C.

SOR/94-263, s. 23(F).

9.10(1) In each personal service room and food preparation area, the floors, partitions and walls shall be so constructed that they can be easily washed and maintained in a sanitary condition.

(2) The floor and lower 150 mm of any walls and partitions in any food preparation area or toilet room shall be water-tight and impervious to moisture.

SOR/94-263, s. 24(E).

9.11 Where separate personal service rooms are provided for employees of each sex, each room shall be equipped with a door that is self-closing and is clearly marked to indicate the sex of the employees for whom the room is provided.

Toilet Rooms

9.12(1) Where it is reasonably practicable, a toilet room shall be provided for employees and, subject to section 9.13, where persons of both sexes are employed at the same work place, a separate toilet room shall be provided for employees of each sex.

(2) Subject to subsections (3) and (4), where a toilet room is provided in accordance with subsection (1), the employer shall provide in that room a number of toilets determined according to the maximum number of employees of each sex who are normally employed by him at any one time at the same work place as follows:

(a) where the number of such employees does not exceed nine, one toilet;

(b) where the number of such employees exceeds nine but does not exceed 24, two toilets;

(c) where the number of such employees exceeds 24 but does not exceed 49, three toilets;

(d) where the number of such employees exceeds 49 but does not exceed 74, four toilets;

(e) where the number of such employees exceeds 74 but does not exceed 100, five toilets; and

(f) where the number of such employees exceeds 100, five toilets and one toilet for every 30 such employees or portion of that number in excess of 100.

(3) Subject to subsection (4), where the class of employment in a work place is the transaction of business or the rendering of professional or personal services, the number of toilets provided by the employer in accordance with subsection (2) may be reduced

(a) where the number of employees of each sex does not exceed 25, to one toilet;

(b) where the number of employees of each sex exceeds 25 but does not exceed 50, to two toilets; and

(c) where the number of employees of each sex exceeds 50, to three toilets and one toilet for every 50 employees or portion of that number in excess of 50.

(4) An employer may substitute urinals for up to two-thirds of the number of toilets required by subsection (2) or (3) to be provided for male employees.

(5) For the purposes of subsections (2) and (3), an employee who is normally away from his work place for more than 75 per cent of his working time and does not normally use the toilet room in the work place shall not be counted.

(6) Where reasonably practicable, toilet rooms and wash basins separate from those used by other employees shall be provided for food handlers.

SOR/88-632, s. 29(F).

9.13(1) Subject to subsection (2), an employer may provide only one toilet for both male and female employees if

(a) the total number of employees normally employed by him in the work place at any one time does not exceed five; and

(b) the door of the toilet room is fitted on the inside with a locking device.

(2) Where the class of employment in a work place is the transaction of business or the rendering of professional or personal services, the employer may provide only one toilet for both male and female employees if

(a) the total number of employees normally employed by him in the work place at any one time does not exceed 10 or the area of the work place does not exceed 100 m2; and

(b) the door of the toilet room is fitted on the inside with a locking device.

SOR/88-632, s. 30(F).

9.14 Toilet rooms shall be located not more than 60 m from and not more than one storey above or below each work place.

Wash Basins

9.19(1) Subject to sections 9.20 and 9.21, every employer shall provide for each toilet room wash basins supplied with cold water and hot water that meets the requirements of section 9.18 as follows:

(a) where the room contains one or two toilets or urinals, one wash basin; and

(b) where the room contains more than two toilets or urinals, one wash basin for every two toilets or urinals.

(2) Where an outdoor privy is provided by an employer, the employer shall provide wash basins required by subsection (1) as close to the outdoor privy as is reasonably practicable.

SOR/88-632, s. 31;

SOR/94-263, s. 25(F).

9.20 Subject to section 9.21, where a toilet room is provided and the work environment of employees is such that their health is likely to be endangered by a hazardous substance coming into contact with their skin, the employer shall provide a wash room with individual wash basins supplied with cold water and hot water that meets the requirements of section 9.18 as follows:

(a) where the number of those employees does not exceed five, one wash basin;

(b) where the number of those employees exceeds five but does not exceed 10, two wash basins;

(c) where the number of those employees exceeds 10 but does not exceed 15, three wash basins;

(d) where the number of those employees exceeds 15 but does not exceed 20, four wash basins; and

(e) where the number of those employees exceeds 20, four wash basins and one additional wash basin for every 15 of those employees or portion of that number in excess of 20.

SOR/88-68, s. 14;

SOR/88-632, s. 32(F);

SOR/94-263, s. 65(F);

SOR/2002-208, s. 43(F).

9.21(1) An industrial wash trough or circular wash basin of a capacity equivalent to the aggregate of the minimum standard capacities of the wash basins referred to in sections 9.19 and 9.20 may be provided in place of the wash basins.

(2) An industrial wash trough or circular wash basin referred to in subsection (1) shall be supplied with cold water and hot water that meets the requirements of section 9.18.

SOR/94-263, s. 26.

9.22 In every personal service room that contains a wash basin, the employer shall provide

(a) powdered or liquid soap or other cleaning agent in a dispenser at each wash basin or between adjoining wash basins;

(b) sufficient sanitary hand drying facilities to serve the number of employees using the personal service room; and

(c) a non-combustible container for the disposal of used towels where towels are provided.

Showers and Shower Rooms

9.23(1) A shower room with a door fitted on the inside with a locking device and at least one shower head for every 10 employees or portion of that number shall be provided for employees who regularly perform strenuous physical work in a high temperature or high humidity or whose bodies may be contaminated by a hazardous substance.

(2) Every shower receptor shall be constructed and arranged in such a way that water cannot leak through the walls or floors.

(3) No more than six shower heads shall be served by a single shower drain.

(4) Where two or more shower heads are served by a shower drain, the floor shall be sloped and the drain so located that water from one head cannot flow over the area that serves another head.

(5) Except for column showers, where a battery of shower heads is installed, the horizontal distance between two adjacent shower heads shall be at least 750 mm.

(6) Waterproof finish shall be provided to a height of not less than 1.8 m above the floor in shower rooms and shall consist of ceramic, plastic or metal tile, sheet vinyl, tempered hardboard, laminated thermosetting decorative sheets or linoleum.

(8) Where duck boards are used in showers, they shall not be made of wood.

(9) Every shower shall be provided with cold water and hot water that meets the requirements of section 9.18.

(10) Where an employee referred to in subsection (1) takes a shower as a result of his work, a clean towel and soap or other cleaning agent shall be provided to him.

SOR/88-68, s. 14;

SOR/88-632, s. 33(F);

SOR/94-263, s. 65(F);

SOR/2002-208, s. 43(F).

Potable Water

9.24 Every employer shall provide potable water for drinking, personal washing and food preparation that meets the standards set out in the Guidelines for Canadian Drinking Water Quality 1978, published by authority of the Minister of National Health and Welfare.

9.25 Where it is necessary to transport water for drinking, personal washing or food preparation, only sanitary portable water containers shall be used.

9.29 Where drinking water is supplied by a drinking fountain, the fountain shall meet the standards set out in ARI Standard 1010-82, Standard for Drinking-Fountains and Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers, dated 1982.

(b) the beds or bunks shall not be more than double-tiered and shall be so constructed that they can be cleaned and disinfected;

(c) mattresses, sheets, pillow cases, blankets and bed covers shall be provided for each employee and kept in a clean and sanitary condition;

(d) clean laundered sheets and pillow cases shall be provided for each employee at least once each week; and

(e) at least one shelf and a locker fitted with a locking device shall be provided for each employee.

Preparation, Handling, Storage and Serving of Food

9.34(1) Each food handler shall be instructed and trained in food handling practices that prevent the contamination of food.

(2) No person who is suffering from a communicable disease shall work as a food handler.

9.35 Where food is served in a work place, the employer shall adopt and implement Section G of the Sanitation Code for Canada’s Foodservice Industry published by the Canadian Restaurant and Foodservices Association, dated September, 1984, other than items 2 and 11 thereof.

9.36(1) Where foods stored by an employer for consumption by employees require refrigeration to prevent them from becoming hazardous to health, the foods shall be maintained at a temperature of 4°C or lower.

(2) Where foods stored by an employer for consumption by employees require freezing to prevent them from becoming hazardous to health, the foods shall be maintained at a temperature of -11°C or lower.

SOR/88-632, s. 35.

9.37 All equipment and utensils that come into contact with food shall be

(e) shall have 1.1 m2 of floor area for each of the employees who normally use the room at any one time;

(f) shall be furnished with a sufficient number of tables and seats to accommodate adequately the number of employees normally using the lunch room at any one time; and

(g) shall be provided with non-combustible covered receptacles for the disposal of waste food or other waste material.

SOR/88-68, s. 14;

SOR/88-632, s. 37(F);

SOR/2001-321, s. 1;

SOR/2002-208, s. 43(F).

Ventilation

9.41(1) Each personal service room and food preparation area shall be ventilated to provide at least two changes of air per hour

(a) by mechanical means, where the room is normally used by 10 or more employees at any one time; or

(b) by mechanical means or natural ventilation through a window or similar opening, where the room is used by fewer than 10 employees if

(i) the window or similar opening is located on an outside wall of the room, and

(ii) not less than 0.2 m2 of unobstructed ventilation is provided for each of the employees who normally use the room at any one time.

(2) Where an employer provides ventilation by mechanical means in accordance with paragraph (1)(a), the amount of air provided for a type of room set out in Column I of an item of the schedule to this Part shall be not less than that set out in Column II of that item.

(3) Where an employer provides for the ventilation of a food preparation area or a lunch room by mechanical means in accordance with paragraph (1)(a), the rate of change of air shall be not less than nine litres per second for each employee who is normally employed in the food preparation area at any one time or for each employee who uses the lunch room at any one time.

SOR/88-632, s. 38(F).

9.42(1) Subject to subsection (2), any exhaust system from a personal service room containing a toilet or a shower shall not be connected with any other exhaust or air supply system.

(2) The exhaust system for a personal service room containing a toilet or shower may be connected with the exhaust duct of another room at the exhaust fan inlet if the system is connected in such a manner that an exchange of air cannot occur between the rooms.

SOR/88-632, s. 39.

Clothing Storage

9.43 Clothing storage facilities shall be provided by the employer for the storage of overcoats and outer clothes not worn by employees while they are working.

(a) the nature of the work engaged in by an employee makes it necessary for that employee to change from street clothes to work clothes for health or safety reasons; or

(b) an employee is regularly engaged in work in which his work clothing becomes wet or contaminated by a hazardous substance.

(2) Where wet or contaminated work clothing referred to in paragraph (1)(b) is changed, it shall be stored in such a manner that it does not come in contact with clothing that is not wet or contaminated.

(3) No employee shall leave the work place wearing clothing contaminated by a hazardous substance.

(4) Every employer shall supply drying and cleaning facilities for the purpose of drying or cleaning wet or contaminated clothing referred to in paragraph (1)(b).

hazard information, in respect of a hazardous substance, means information on the proper and safe storage, handling, use and disposal of the hazardous substance, including information relating to its toxicological properties; (renseignements sur les risques)

product identifier

product identifier, in respect of a hazardous substance, means the brand name, code name or code number specified by the supplier or employer or the chemical name, common name, generic name or trade name; (identificateur du produit)

readily available

readily available means present in an appropriate place in a physical copy form that can be handled; (facilement accessible)

supplier

supplier means a person who is a manufacturer, processor or packager of a hazardous substance or a person who, in the course of business, imports or sells a hazardous substance. (fournisseur)

DIVISION IGENERAL

Records of Hazardous Substances

10.3 Every employer shall keep and maintain a record of all hazardous substances that, in the work place, are used, produced, handled, or stored for use in the work place, and may either keep and maintain such a record in the work place or keep and maintain a centralized record in respect of several work places, in one work place.

SOR/94-263, s. 30;

SOR/96-294, s. 2;

SOR/2002-208, s. 43(F).

Hazard Investigation

10.4(1) If there is a likelihood that the health or safety of an employee in a work place is or may be endangered by exposure to a hazardous substance, the employer shall, without delay,

(a) appoint a qualified person to carry out an investigation in that regard; and

(b) for the purposes of providing for the participation of the work place committee or the health and safety representative in the investigation, notify either of the proposed investigation and of the name of the qualified person appointed to carry out that investigation.

(2) In an investigation referred to in subsection (1), the following criteria shall be taken into consideration:

(a) the chemical, biological and physical properties of the hazardous substance;

(e) the manner in which the hazardous substance is stored, used, handled and disposed of;

(f) the control methods used to eliminate or reduce exposure of employees to the hazardous substance;

(g) the concentration or level of the hazardous substance to which an employee is likely to be exposed;

(h) whether the concentration of an airborne chemical agent or the level of ionizing or non-ionizing radiation is likely to exceed 50 per cent of the values referred to in subsection 10.19(1) or the levels referred to in subsections 10.26(3) and (4); and

(i) whether the level referred to in paragraph (g) is likely to exceed or be less than that prescribed in Part VI.

SOR/96-294, s. 2;

SOR/2002-208, ss. 15, 43(F).

10.5 On completion of an investigation referred to in subsection 10.4(1) and after consultation with the work place committee or the health and safety representative,

(a) the qualified person shall set out in a written report signed by the qualified person

(i) the qualified person’s observations respecting the criteria considered in accordance with subsection 10.4(2), and

(ii) the qualified person’s recommendations respecting the manner of compliance with sections 10.7 to 10.26, including recommendations respecting sampling and testing methods; and

(b) the employer shall develop and maintain a written procedure for the control of the concentration or level of the hazardous substance in the work place.

SOR/88-68, s. 14;

SOR/94-263, s. 31;

SOR/96-294, s. 2;

SOR/2002-208, ss. 16, 43(F).

10.6 A report referred to in section 10.5 shall be kept by the employer for a period of thirty years after the date on which the qualified person signed the report.

SOR/88-68, s. 14;

SOR/96-294, s. 2.

Medical Examinations

10.7(1) Where a report referred to in section 10.5 recommends a medical examination for the employees likely to be exposed to a hazardous substance, the employer shall consult a physician to ascertain the necessity for that medical examination.

(2) The employer, having consulted a physician pursuant to subsection (1) who has confirmed the necessity for a medical examination, shall not permit an employee to handle the hazardous substance in the work place unless a physician acceptable to the employee has examined the employee and declared the employee fit, or fit with specified restrictions, to handle the hazardous substance.

(3) Where the physician examining an employee pursuant to subsection (2) declares the employee fit with specified restrictions to handle the hazardous substance, the employer shall not permit the employee to handle the hazardous substance in the work place except in accordance with the specified restrictions.

(4) Where an employer consults a physician pursuant to subsection (1), the employer shall keep a copy of the physician’s decision with the report referred to in section 10.5.

(5) The cost of a medical examination referred to in subsection (2) shall be borne by the employer.

SOR/88-68, s. 14;

SOR/96-294, s. 2;

SOR/2002-208, s. 43(F).

Storage, Handling and Use

10.8 Every hazardous substance stored, handled or used in a work place shall be stored, handled or used in a manner whereby the hazard related to that substance is reduced to a minimum.

SOR/88-68, s. 14;

SOR/96-294, s. 2;

SOR/2002-208, s. 43(F).

10.9 Where a hazardous substance is stored, handled or used in a work place, any hazard resulting from that storage, handling or use shall be confined to as small an area as is practicable.

SOR/88-68, s. 14;

SOR/94-263, s. 32(F);

SOR/96-294, s. 2;

SOR/2002-208, s. 43(F).

10.10 Every container for a hazardous substance that is used in a work place shall be so designed and constructed that it protects the employees from any health or safety hazard that is caused by the hazardous substance.

SOR/88-68, s. 14;

SOR/88-632, s. 42(F);

SOR/94-263, s. 33;

SOR/96-294, s. 2;

SOR/2002-208, s. 17.

10.11 The quantity of a hazardous substance for use or processing in a work place shall, to the extent that is practicable, be limited to the quantity required for one work day.

SOR/88-68, s. 14;

SOR/96-294, s. 2;

SOR/2002-208, s. 43(F).

10.12(1) Where, in a work place, a hazardous substance is capable of combining with another substance to form an ignitable combination and there exists a hazard of ignition of the combination by static electricity, the employer shall implement the standards set out in the United States National Fire Protection Association, Inc. publication NFPA 77, Recommended Practice on Static Electricity, dated 1988, as amended from time to time.

(2) For the purpose of interpreting the standards referred to in subsection (1), acceptable means appropriate.

SOR/88-68, s. 14;

SOR/88-632, s. 43;

SOR/94-263, s. 34;

SOR/96-294, s. 2;

SOR/2002-208, s. 43(F).

Warning of Hazardous Substances

10.13 Where a hazardous substance is stored, handled or used in a work place, warnings shall be given in appropriate places at access points warning every person granted access to the work place of the presence of the hazardous substance and of any precautions to be taken to prevent or reduce any hazard of injury to health.

SOR/88-68, ss. 6, 14;

SOR/96-294, s. 2;

SOR/96-525, s. 14;

SOR/2002-208, s. 43(F).

Employee Education

10.14(1) Every employer shall, in consultation with the work place committee or the health and safety representative, develop and implement an employee education program with respect to hazard prevention and control at the work place.

(2) The employee education program referred to in subsection (1) shall include

(a) the instruction of each employee who is likely to handle or be exposed to a hazardous substance with respect to

(v) the information disclosed on a material safety data sheet referred to in section 10.28 and the purpose and significance of that information, and

(vi) in respect of controlled products in the work place, the information required to be disclosed on a material safety data sheet and on a label under Division III and the purpose and significance of that information;

(b) the instruction and training of each employee who installs, operates, maintains or repairs an assembly of pipes or any other equipment referred to in section 10.24, with respect to

(i) every valve and other control and safety device connected to the assembly of pipes, and

(ii) the procedures to follow for the proper and safe use of the assembly of pipes;

(c) the instruction and training of each employee referred to in paragraphs (a) and (b) with respect to

(i) the procedures to follow to implement sections 10.8, 10.9 and 10.12, and

(ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance; and

(d) where the employer keeps a computerized version of a material safety data sheet available in accordance with subsection 10.34(2), the instruction and training referred to in paragraph 10.34(2)(b) in accessing that material safety data sheet.

(3) Every employer shall, in consultation with the work place committee or the health and safety representative, review the employee education program referred to in subsection (1) and if necessary, revise it

Substitution of Substances

10.16(1) No person shall use a hazardous substance in a work place where it is reasonably practicable to substitute a substance for it that is not a hazardous substance.

(2) Where a hazardous substance is to be used for any purpose in a work place and an equivalent substance that is less hazardous is available to be used for that purpose, the equivalent substance shall be substituted for the hazardous substance where reasonably practicable.

SOR/88-68, ss. 8, 14;

SOR/88-632, s. 44(F);

SOR/96-294, s. 2;

SOR/2002-208, s. 43(F).

Ventilation

10.17(1) Every ventilation system installed on or after January 1, 1997 to control the concentration of an airborne hazardous substance shall be so designed, constructed, installed, operated and maintained that

(a) the concentration of the airborne hazardous substance does not exceed the values and levels prescribed in subsections 10.19(1) and 10.20(1) and (2); and

(ii) the publication of the American Conference of Governmental Industrial Hygienists entitled Industrial Ventilation, 20th edition, dated 1988, as amended from time to time, or

(iii) ANSI Standard ANSI Z9.2-1979 entitled Fundamentals Governing the Design and Operation of Local Exhaust Systems, dated 1979, as amended from time to time.

(2) To the extent that is reasonably practicable, every ventilation system installed before January 1, 1997 to control the concentration of an airborne hazardous substance shall be maintained so as to meet the requirements set out in subsection (1).

SOR/88-68, s. 9;

SOR/94-263, s. 35;

SOR/96-294, s. 2;

SOR/2002-208, s. 43(F).

10.18(1) Before a ventilation system referred to in subsection 10.17(1) is operated for the first time in a work place, the employer shall set out in writing instructions pertaining to the inspection, testing and maintenance of that ventilation system.

(2) The instructions referred to in subsection (1) shall specify the nature and frequency of inspections, tests and maintenance to be performed on the ventilation system.

(6) The employer shall give to every operator of a ventilation system the necessary instruction and training for the safe and proper use of the system.

(7) The employer shall keep a written or computerized record of the instruction and training given to every operator of a ventilation system for as long as the operator remains in the employer’s employ.

SOR/96-294, s. 2.

Control of Hazards

10.19(1) An employee shall be kept free from exposure to a concentration of

(a) an airborne chemical agent, other than grain dust or airborne chrysotile asbestos, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists, in its publication entitled Threshold Limit Values and Biological Exposure Indices, dated 1994-1995, as amended from time to time;

(c) airborne chrysotile asbestos in excess of one fibre per cubic centimetre.

(2) Subsection (1) does not apply in respect of concentrations of carbon dioxide or respirable dust in the underground portion of a coal mine.

(3) Where there is a likelihood that the concentration of an airborne chemical agent may exceed the value referred to in subsection (1), air samples shall be taken and the concentration of the chemical agent shall be determined

(a) in accordance with the standards set out by the American Conference of Governmental Industrial Hygienists in its publication entitled Manual of Analytical Methods Recommended for Sampling and Analysis of Atmospheric Contaminants, dated 1958, as amended from time to time;

(b) in accordance with the standards set out by the United States National Institute for Occupational Safety and Health in the NIOSH Manual of Analytical Methods, third edition, volumes 1 and 2, dated February, 1984, as amended from time to time;

(c) in accordance with a method that collects and analyses a representative sample of the chemical agent with accuracy and with detection levels at least equal to those which would be obtained if the standards referred to in paragraph (a) or (b) were used; or

(d) where no specific standards for the chemical agent are set out in the publications referred to in paragraphs (a) and (b) and no method is available under paragraph (c), in accordance with a scientifically proven method used to collect and analyse a representative sample of the chemical agent.

(4) A written or computerized record of each test made pursuant to subsection (3) shall be kept by the employer at the employer’s place of business nearest to the work place where the air sample was taken, for a period of three years after the date of the test.

10.20(1) Subject to subsection (2), the concentration of an airborne chemical agent or combination of airborne chemical agents in the work place shall be less than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

(2) Where a source of ignition may ignite an airborne chemical agent or combination of airborne chemical agents in the work place, the maximum concentration of the chemical agent or of the combination of chemical agents shall be 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

(3) Subsection (2) does not apply in respect of concentrations of methane gas in the underground portion of a coal mine.

SOR/88-68, ss. 11(E), 14(F);

SOR/96-294, s. 2.

10.21(1) Compressed air, gas or steam shall not be used for blowing dust or other substances from structures, machinery or materials where

(a) there is a risk of any person being directly exposed to the jet or where a fire, explosion, injury or health hazard is likely to result from such use; or

(b) such use would result in a concentration of an airborne hazardous substance in excess of the values referred to in paragraphs 10.19(1)(a) and (c) or the limits referred to in subsections 10.20(1) and (2).

SOR/88-68, s. 14;

SOR/88-632, s. 46(F);

SOR/90-180, s. 1;

SOR/96-294, s. 2;

SOR/98-427, s. 6;

SOR/2002-208, s. 43(F).

10.22(1) Compressed air shall not be used for cleaning clothing contaminated with:

(b) the maximum compressed air pressure in the pipeline shall be 69 kPa (10 psi) or a safety nozzle limiting the air pressure to no more than 69kPa (10 psi) shall be used.

SOR/88-632, s. 47;

SOR/90-180, s. 2;

SOR/96-294, s. 2;

SOR/2002-208, s. 43(F).

Warnings

10.23 Where reasonably practicable, the employer shall provide automated warning and detection systems where the seriousness of any exposure to a hazardous substance so requires.

SOR/88-68, s. 14;

SOR/96-294, s. 2;

SOR/2002-208, s. 43(F).

Assembly of Pipes

10.24 Every assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that is used for transferring a hazardous substance from one location to another shall be

(a) labelled to identify the hazardous substance transferred therein and, where appropriate, the direction of the flow; and

(b) fitted with valves and other control and safety devices to ensure its safe operation, maintenance and repair.

SOR/96-294, s. 2;

SOR/2002-208, s. 43(F).

Explosives

10.25 All blasting using dynamite or other explosives shall be done by a qualified person who, where required under the laws of the province in which the blasting is carried out, holds a blasting certificate or such other authorization as may be required under those laws.

SOR/96-294, s. 2.

Ionizing and Non-ionizing Radiation

10.26(1) Where a device that is capable of producing and emitting energy in the form of ionizing or non-ionizing radiation is used in the work place, the employer shall

(a) if the device is listed in the schedule to this Division, make a report in writing to the Consumer and Clinical Radiation Protection Bureau of the Department of Health, setting out a description of the device and the location of the work place; and

(b) if the device is referred to in subsection (2), implement the applicable document, as amended from time to time, published by the Department of National Health and Welfare, as specified in one of paragraphs (2)(a) to (k) or published by ANSI, as specified in paragraph (2)(l).

(l) in respect of lasers, ANSI Standard ANSI Z136.1-1986, American National Standard for the Safe Use of Lasers, dated 1986, including its appendices with the exception of Appendix D.

(3) If an employee works on or near a device that may emit nuclear energy, the employer shall ensure that the exposure of the employee to nuclear energy does not exceed the radiation dose limits set out in the Radiation Protection Regulations.

(4) No employee, other than a nuclear energy worker as defined in section 2 of the Nuclear Safety and Control Act, shall be exposed in the course of any year to a concentration of radon that on average, over the year, is higher than 800 Bq/m3.

SOR/88-68, s. 12;

SOR/96-294, s. 2;

SOR/2002-208, s. 19.

SCHEDULE(Paragraph 10.26(1)(a))

Devices To Be Reported to the Bureau of Radiation and Medical Devices

Item

Device

1

Dental X-ray Equipment

2

Baggage Inspection X-ray Equipment

3

Demonstration-Type Gas Discharge Device

4

Photofluorographic X-ray Equipment

5

Electron Microscopes

6

Diagnostic X-ray Equipment

7

X-ray Diffraction Equipment

8

Cabinet X-ray Equipment

9

Therapeutic X-ray Equipment

10

Industrial X-ray Radiography and Fluoroscopy Equipment

11

Analytical X-ray Equipment

12

X-ray Spectrometer

13

X-ray Equipment Used for Irradiation of Materials

14

Electron Welding Equipment

15

Electron Processor

16

Accelerator

17

X-ray Gauge

18

Laser Scanner

19

Demonstration Laser

20

Sunlamp

21

Industrial Radiofrequency Heater and Sealer

22

Laser

23

Ultraviolet Polymerizer

24

Magnetic Resonance Imaging Devices

25

Induction Heater

26

Radar

27

Telecommunication Transmitter above 5 W

28

Nebulizer Ultrasound Equipment

29

Non-portable Ultrasonic Cleaner

30

Ultrasonic Machining Tool

31

Ultrasonic Welding Equipment

32

Airborne Ultrasound Pest Repeller

33

Short-wave Diathermy

34

Microwave Diathermy

SOR/96-294, s. 2.

DIVISION IIHAZARDOUS SUBSTANCES OTHER THAN CONTROLLED PRODUCTS

[SOR/2002-208, s. 43(F)]

Identification

10.27 Every container of a hazardous substance, other than a controlled product, that is stored, handled, used or disposed of in the work place shall be labelled in a manner that discloses clearly

10.28 Where a material safety data sheet in respect of a hazardous substance, other than a controlled product, that is stored, handled or used in the work place may be obtained from the supplier of the hazardous substance, the employer shall

fugitive emission means a controlled product in gas, liquid or solid form that escapes from processing equipment, from control emission equipment or from a product; (émission fugitive)

hazardous waste

hazardous waste means a controlled product that is intended solely for disposal or is sold for recycling or recovery; (résidu dangereux)

laboratory sample

laboratory sample, in respect of a controlled product, means a sample of the controlled product that is intended solely to be tested in a laboratory, but does not include a controlled product that is to be used

(a) by the laboratory for testing other products, materials or substances, or

manufactured article means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, under normal conditions of use, will not release or otherwise cause a person to be exposed to a controlled product; (article manufacturé)

research and development

research and development, in respect of a controlled product, means systematic investigation or search carried out in a field of science or technology by means of experiment or analysis, other than investigation or search in respect of market research, sales promotion, quality control or routine testing of controlled products, and includes

(a) applied research, namely, work undertaken for the advancement of scientific knowledge with a specific practical application in view, and

(b) development, namely, use of the results of applied research for the purpose of creating new, or improving existing, processes or controlled products; (recherche et développement)

risk phrase

risk phrase, in respect of a controlled product, means a statement identifying a hazard that may arise from the exposure to the controlled product; (mention de risque)

sale

sale includes offer for sale, expose for sale and distribute; (vente)

supplier label

supplier label, in respect of a controlled product, means a label prepared by a supplier pursuant to the Hazardous Products Act; (étiquette du fournisseur)

work place label, in respect of a controlled product, means a label prepared by an employer pursuant to this Division; (étiquette du lieu de travail)

work place material safety data sheet

work place material safety data sheet, in respect of a controlled product, means a material safety data sheet prepared by an employer pursuant to subsection 10.33(1) or (2). (fiche signalétique du lieu de travail)

10.31(1) Subject to subsection (2) and section 10.42, every employer shall implement the provisions of sections 10.27 and 10.28 in respect of a controlled product and may, in so doing, replace the generic name of the substance with the product identifier, where the controlled product is a controlled product that

(v) a product, material or substance included in Part II of Schedule I to the Hazardous Products Act that is packaged as a consumer product.

(2) An employer may store a controlled product received from a supplier without having a supplier label on it, without having obtained a material safety data sheet for it and without having conducted a program of employee education with respect to the matters referred to in subparagraphs 10.14(2)(a)(ii) and (c)(ii)

(a) while the employer is actively seeking a supplier label and a supplier material safety data sheet for the controlled product; and

(b) if labelling affixed to the container of the controlled product containing information on the controlled product is not removed, defaced, modified or altered.

SOR/88-68, s. 12;

SOR/94-263, s. 38;

SOR/96-294, s. 2;

SOR/2002-208, s. 20.

Supplier Material Safety Data Sheets

10.32(1) Where a controlled product, other than a controlled product referred to in paragraph 10.31(1)(c), is received in the work place by an employer, the employer shall, without delay, obtain from the supplier of the controlled product a supplier material safety data sheet in respect of the controlled product, unless the employer is in possession of a supplier material safety data sheet that

(b) discloses information that is current at the time that the controlled product is received; and

(c) was prepared and dated not more than three years before the date that the controlled product is received.

(2) Where there is a controlled product in a work place and the supplier material safety data sheet in respect of the controlled product is three years old or more, the employer shall, where possible, obtain from the supplier an up-to-date supplier material safety data sheet.

(3) Where it is not practicable for an employer to obtain an up-to-date supplier material safety data sheet, the employer shall update the hazard information on the most recent supplier material safety data sheet that the employer has received on the basis of the ingredients disclosed on that supplier material safety data sheet.

(4) Where a controlled product is received in a work place that is a laboratory, from a supplier who is exempted by the Controlled Products Regulations from the requirement to provide a material safety data sheet for that product, the employer is exempt from the requirements of subsection (1) if the controlled product

Work Place Material Safety Data Sheets

10.33(1) Subject to section 10.42, where an employer produces a controlled product, other than a fugitive emission, in the work place or imports into Canada a controlled product and brings it into the work place, the employer shall prepare a work place material safety data sheet in respect of the controlled product that discloses the information required to be disclosed by

(2) Subject to section 10.42, where an employer receives a supplier material safety data sheet, the employer may prepare a work place material safety data sheet to be used in the work place in place of the supplier material safety data sheet if

(a) the work place material safety data sheet discloses at least the information disclosed on the supplier material safety data sheet;

(b) the information disclosed on the work place material safety data sheet does not disclaim or contradict the information disclosed on the supplier material safety data sheet;

(c) the supplier material safety data sheet is readily available for examination by employees in the work place; and

(d) the work place material safety data sheet discloses that the supplier material safety data sheet is available in the work place.

(3) Where an employer produces, in a work place that is a laboratory supply house, or imports into Canada and brings it into such a work place, a controlled product that is intended for use in a laboratory, the employer is exempted from the requirements of subsection (1) if the employer

(a) packages the controlled product in containers in quantities of less than 10 kg per container; and

(b) subject to section 10.42, discloses on the label of the container of the controlled product the information required to be disclosed by

(5) Where the information required to be disclosed by this section is not available or not applicable to the controlled product, the employer shall replace the information with the words “not available” or “not applicable”, as the case may be, in the English version and the words “pas disponible” or “sans objet”, as the case may be, in the French version of the work place material safety data sheet.

SOR/88-68. s. 12;

SOR/94-263, s. 40;

SOR/96-294, s. 2.

Availability of Material Safety Data Sheets

10.34(1) Subject to subsection (2), every employer, other than an employer referred to in subsection 10.32(4), shall keep readily available for examination by employees and by the work place committee or the health and safety representative in any work place in which an employee may handle or be exposed to a controlled product, a copy in English and in French of

(a) in the case of an employer who is an employer referred to in subsection 10.33(1) or (2), the work place material safety data sheet; and

(2) In place of keeping a material safety data sheet in the manner required by subsection (1), an employer may keep a computerized version of the material safety data sheet available in English and in French, for examination by employees and by the work place committee or the health and safety representative, by means of a computer terminal, if the employer

(a) takes all reasonable steps to maintain the terminal in working order;

(b) provides the instruction and training referred to in paragraph 10.14(2)(d) to one or more employees on each shift and to all members of the work place committee or the health and safety representative; and

(c) on the request of an employee, the work place committee or the health and safety representative, makes the material safety data sheet readily available to the employee, the work place committee or the health and safety representative.

SOR/88-68, s. 12;

SOR/96-294, s. 2;

SOR/2002-208, s. 21.

Labels

10.35(1) Subject to sections 10.37 to 10.39, each controlled product, other than a controlled product referred to in paragraph 10.31(1)(c), in a work place and each container in which the controlled product is contained in a work place shall, if the controlled product or the container is received from a supplier,

(a) in the case where the controlled product is in a bulk shipment, be accompanied by a supplier label;

(b) in the case where the employer has undertaken in writing to apply a label to the inner container of the controlled product, have applied to it a supplier label, as soon as possible after the controlled product is received from the supplier; and

(2) Subject to sections 10.37 to 10.39 and 10.42, where a controlled product, other than a controlled product referred to in paragraph 10.31(1)(c), is received from a supplier and an employer places the controlled product in the work place in a container, other than the container in which it was received from the supplier, the employer shall apply to the container a supplier label or a work place label that discloses the information referred to in paragraphs 10.41(a) to (c).

(3) Subject to sections 10.41 and 10.42, no person shall remove, deface, modify or alter the supplier label applied to

10.36(1) Subject to sections 10.37 to 10.39, where an employer produces a controlled product in a work place, other than a fugitive emission, or imports into Canada and brings into a work place, a controlled product, and the controlled product is not in a container, the employer shall disclose the following information on a work place label applied to the controlled product or on a sign posted in a conspicuous place in the work place:

(c) a statement indicating that a work place material safety data sheet for the controlled product is available in the work place.

(2) Subject to sections 10.37 and 10.39, where an employer produces a controlled product in the work place, other than a fugitive emission, or imports into Canada and brings into the work place a controlled product, and places the controlled product in a container, the employer shall apply to the container a work place label that discloses the information referred to in paragraphs (1)(a) to (c).

(3) Subsection (2) does not apply in respect of a controlled product that is

(a) intended for export, if the information referred to in paragraphs (1)(a) to (c) is disclosed on a sign posted in a conspicuous place in the work place; or

(b) packaged in a container and offered for sale in Canada, if the container is or is in the process of being appropriately labelled for that purpose.

SOR/88-68, s. 12;

SOR/96-294, s. 2.

Portable Containers

10.37 Where an employer stores a controlled product in the work place in a container that has applied to it a supplier label or a work place label, a portable container filled from that container is exempted from the labelling requirements under section 10.35 or 10.36 if

(b) the chemical identity or generic chemical identity of every ingredient of the controlled product referred to in any of subparagraphs 13(a)(i) to (iv) of the Hazardous Products Act, if known to the supplier;

(i) a user of the controlled product to obtain the hazard information in respect of the controlled product, and

(ii) a medical professional to obtain the information in respect of the controlled product that is referred to in paragraph 13(a) of the Hazardous Products Act.

(4) Where a controlled product is in a container other than the container in which it was received from a supplier, or is produced in the work place, the employer is exempt from the requirements of section 10.36 and subparagraph 10.37(b)(iii) if

(i) originates from a laboratory supply house or is a laboratory sample,

(ii) is intended by the employer solely for analysis, testing or evaluation in a laboratory, and

(iii) is clearly identified through any mode of identification visible to employees at the work place.

(5) For the purposes of paragraph (4)(a), the employer shall ensure that the mode of identification used and the employee education enable the employees to readily identify and obtain either the information required on a material safety data sheet or the information referred to in subsection (3) with respect to the controlled product or laboratory sample.

SOR/88-68, s. 12;

SOR/96-294, s. 2;

SOR/98-427, s. 8.

Signs

10.40 The information disclosed on a sign referred to in subsection 10.36(1), paragraph 10.36(3)(a), section 10.38 or paragraph 10.43(b) shall be of such a size that it is clearly legible to employees.

SOR/88-68, s. 12;

SOR/96-294, s. 2.

Replacing Labels

10.41 Where, in a work place, a label applied to a controlled product or a container of a controlled product becomes illegible or is removed from the controlled product or the container, the employer shall replace the label with a work place label that discloses the following information in respect of the controlled product:

(c) a statement indicating that a material safety data sheet is available in the work place.

SOR/88-68, s. 12;

SOR/96-294, s. 2.

Exemptions from Disclosure

10.42(1) Subject to subsection (2), where an employer has filed a claim for exemption from disclosure of information on a material safety data sheet or on a label pursuant to subsection 11(2) of the Hazardous Materials Information Review Act, the employer shall disclose, in place of the information that the employer is exempt from disclosing,

(a) where there is no final disposition of the proceedings in relation to the claim, the date on which the claim for exemption was registered and the registry number assigned to the claim under that Act; and

(b) where the final disposition of the proceedings in relation to the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

(2) Where a claim for exemption is in respect of the chemical name, common name, generic name, trade name or brand name of a controlled product, the employer shall, on the material safety data sheet or label of the controlled product, replace that name with a code name or code number specified by the employer as the product identifier for that controlled product.

SOR/88-68, s. 12;

SOR/96-294, s. 2.

Hazardous Waste

10.43 Where a controlled product in a work place is hazardous waste, the employer shall disclose the generic name and hazard information in respect of the controlled product by

PART XIConfined Spaces

Interpretation

class of confined spaces means a group of at least two confined spaces that are likely, by reason of their similarity, to present the same hazards to persons entering, exiting or occupying them; (catégorie d’espaces clos)

confined space

confined space means an enclosed or partially enclosed space that

(a) is not designed or intended for human occupancy except for the purpose of performing work,

hot work means any work where flame is used or a source of ignition may be produced. (travail à chaud)

SOR/88-68, s. 14;

SOR/88-632, s. 48(F);

SOR/92-544, s. 1;

SOR/95-286, s. 1(E).

Hazard Assessment

11.2(1) Where it is likely that a person will, in order to perform work for an employer, enter a confined space and an assessment pursuant to this subsection has not been carried out in respect of the confined space, or in respect of the class of confined spaces to which it belongs, the employer shall appoint a qualified person

(a) to carry out an assessment of the physical and chemical hazards to which the person is likely to be exposed in the confined space or the class of confined spaces; and

(b) to specify the tests that are necessary to determine whether the person would be likely to be exposed to any of the hazards identified pursuant to paragraph (a).

(2) The qualified person referred to in subsection (1) shall, in a signed and dated report to the employer, record the findings of the assessment carried out pursuant to paragraph (1)(a).

(3) The employer shall make a copy of any report made pursuant to subsection (2) available to the work place committee or the health and safety representative.

(4) Subject to subsection (5), the report made pursuant to subsection (2) shall be reviewed by a qualified person at least once every three years to ensure that its assessment of the hazards with which it is concerned is still accurate.

(5) If a confined space has not been entered in the three years preceding the time when the report referred to in subsection (4) should have been reviewed and no entry is scheduled, the report need not be reviewed until it becomes likely that a person will, in order to perform work for an employer, enter the confined space.

SOR/88-68, s. 14;

SOR/88-632, s. 49(F);

SOR/92-544, s. 1;

SOR/95-286, s. 2(F);

SOR/2002-208, s. 23.

Entry Procedures

11.3 Every employer shall, after considering the report made pursuant to subsection 11.2(2),

(a) in consultation with the work place committee or the health and safety representative, establish procedures, with the date on which they are established specified therein, that are to be followed by a person entering, exiting or occupying a confined space assessed pursuant to subsection 11.2(1), or a confined space that belongs to a class of confined spaces assessed pursuant to that subsection, and establish, where reasonably practicable, an entry permit system that provides for

(i) specifying, in each case, the length of time for which an entry permit is valid, and

(b) specify the protection equipment referred to in Part XII that is to be used by every person who is granted access to the confined space by the employer;

(c) specify any insulated protection equipment and tools referred to in Part VIII that a person may need in the confined space; and

(d) specify the protection equipment and emergency equipment to be used by a person who takes part in the rescue of a person from the confined space or in responding to other emergency situations in the confined space.

SOR/92-544, s. 1;

SOR/95-286, s. 3;

SOR/2002-208, s. 24.

Confined Space Entry

11.4(1) The employer shall, where a person is about to enter a confined space, appoint a qualified person

(a) to verify, by means of tests, that compliance with the following specifications can be achieved during the period of time that the person will be in the confined space, namely,

(i) the concentration of any chemical agent or combination of chemical agents in the confined space to which the person is likely to be exposed will not result in the exposure of the person

(A) to a concentration of that chemical agent or combination of chemical agents in excess of the value referred to in paragraph 10.19(1)(a), or

(B) to a concentration of that chemical agent or combination of chemical agents in excess of the percentage set out in subsection 10.20(1), or in subsection 10.20(2) under the circumstances described in that subsection,

(ii) the concentration of airborne hazardous substances, other than chemical agents, in the confined space is not hazardous to the health or safety of the person, and

(iii) the percentage of oxygen in the air in the confined space is not less than 18 per cent by volume and not more than 23 per cent by volume, at normal atmospheric pressure;

(i) any liquid in which the person could drown has been removed from the confined space,

(ii) any free-flowing solid in which the person may become entrapped has been removed from the confined space,

(iii) the entry of any liquid, free-flowing solid or hazardous substance into the confined space has been prevented by a secure means of disconnection or by the fitting of blank flanges,

(iv) all electrical and mechanical equipment that may present a hazard to the person has been disconnected from its power source, real or residual, and has been locked out, and

(v) the opening for entry into and exit from the confined space is sufficient to allow the safe passage of a person using protection equipment; and

(c) subject to subsection 11.5(1), to verify that the specifications set out in paragraph (a) are complied with during all times that a person is in the confined space.

(2) The qualified person referred to in subsection (1) shall, in a signed and dated report to the employer, set out the results of the verification carried out in accordance with that subsection, including the test methods, the test results and a list of the test equipment used.

(a) where the report made pursuant to subsection (2) indicates that a person who has entered the confined space has been in danger, send the report to the work place committee or the health and safety representative; and

(b) in all other cases, make a written copy or a machine-readable version of the report available to the work place committee or the health and safety representative.

SOR/88-68, s. 14;

SOR/92-544, s. 1;

SOR/95-286, s. 4;

SOR/96-294, s. 3;

SOR/2002-208, ss. 25, 43(F).

Emergency Procedures and Equipment

[SOR/95-286, s. 5(F)]

11.5(1) Where conditions in a confined space or the nature of the work to be performed in a confined space is such that the specifications set out in paragraph 11.4(1)(a) cannot be complied with during all times that a person is in the confined space, the employer shall

(a) in consultation with the work place committee or the health and safety representative, establish emergency procedures to be followed in the event of an accident or other emergency in or near the confined space, which procedures shall specify the date on which they are established and provide for the immediate evacuation of the confined space when

(c) be provided with the protection equipment and emergency equipment referred to in paragraph 11.3(d).

(3) The employer shall ensure that every person entering, exiting or occupying a confined space referred to in subsection (1) wears an appropriate safety harness that is securely attached to a lifeline that

Record of Emergency Procedures and Equipment

11.6(1) When a person is about to enter a confined space under circumstances such that the specifications set out in paragraph 11.4(1)(a) cannot be complied with, the qualified person referred to in paragraph 11.5(1)(c) shall, in a signed and dated report to the employer,

(a) specify those procedures established pursuant to paragraph 11.5(1)(a) that are to be followed and the protection equipment, insulated protection equipment and tools and the emergency equipment that are to be used; and

(b) specify any additional procedures and any other equipment that may be needed to ensure the health and safety of the person.

(2) The report made pursuant to subsection (1) and any procedures specified therein shall be explained by the qualified person to every employee who is about to enter a confined space, and a copy of the report shall be signed and dated by any employee to whom the report and the procedures have been so explained, acknowledging by signature the reading of the report and the explanation thereof.

Provision and Use of Equipment

(a) each person who is granted access to a confined space with the protection equipment specified pursuant to paragraph 11.3(b); and

(b) each person who is to undertake rescue operations with the protection equipment and emergency equipment specified pursuant to paragraph 11.3(d).

(2) The employer shall ensure that every person who enters, exits or occupies a confined space follows the procedures established pursuant to paragraph 11.3(a) and uses the protection equipment specified pursuant to paragraphs 11.3(b) and (c).

SOR/92-544, s. 1;

SOR/95-286, s. 8.

Precaution

11.8 No person shall close off a confined space until a qualified person has verified that no person is inside it.

SOR/92-544, s. 1.

Hot Work

11.9(1) Unless a qualified person has determined that the work can be performed safely, hot work shall not be performed in a confined space that contains

(a) an explosive or flammable hazardous substance in a concentration in excess of 10 per cent of its lower explosive limit; or

(b) the person uses a respiratory protective device that meets the requirements of sections 12.2, 12.3 and 12.7.

SOR/92-544, s. 1;

SOR/95-286, s. 9;

SOR/2002-208, s. 43(F).

Ventilation Equipment

11.10(1) Where ventilation equipment is used to maintain the concentration of a chemical agent or combination of chemical agents in a confined space at or below the concentration referred to in subparagraph 11.4(1)(a)(i), or to maintain the percentage of oxygen in the air of a confined space within the limits referred to in subparagraph 11.4(1)(a)(iii), the employer shall not grant access to the confined space to any person unless

(i) equipped with an alarm that will, if the equipment fails, be activated automatically and be audible or visible to every person in the confined space, or

(ii) monitored by an employee who is in constant attendance at the equipment and who is in communication with the person or persons in the confined space; and

(b) in the event of failure of the ventilation equipment, sufficient time will be available for the person to escape from the confined space before

(i) the concentration of the chemical agent or combination of chemical agents in the confined space exceeds the concentrations referred to in subparagraph 11.4(1)(a)(i), or

(ii) the percentage of oxygen in the air ceases to remain within the limits referred to in subparagraph 11.4(1)(a)(iii).

(2) If the ventilation equipment fails to operate properly, the employee referred to in subparagraph (1)(a)(ii) shall immediately inform the person or persons in the confined space of the failure of the equipment.

SOR/92-544, s. 1.

Training

11.11(1) The employer shall provide every employee who is likely to enter a confined space with instruction and training in

(a) the procedures established pursuant to paragraphs 11.3(a) and 11.5(1)(a); and

(b) the use of the protection equipment referred to in paragraphs 11.3(b), (c) and (d).

(2) The employer shall ensure that no person enters a confined space unless the person is instructed in

(a) the procedures to be followed in accordance with paragraphs 11.3(a) and 11.5(1)(a); and

(b) the use of the protection equipment referred to in paragraphs 11.3(b), (c) and (d).

SOR/92-544, s. 1;

SOR/95-286, s. 10(F).

Record Keeping

11.12 The employer shall, at the employer’s place of business nearest to the work place in which the confined space is located, keep a written copy or a machine-readable version of

(a) any report made pursuant to subsection 11.2(2) and the procedures established pursuant to paragraphs 11.3(a) and 11.5(1)(a) for a period of ten years after the date on which the qualified person signed the report or the procedures were established; and

(i) for a period of ten years after the date on which the qualified person signed the report where the verification procedures undertaken pursuant to paragraphs 11.4(1)(a) and (c) indicate that the specifications set out in subparagraphs 11.4(1)(a)(i) to (iii) were not complied with, and

(ii) in every other case, for a period of two years after the date on which the qualified person signed the report.

(b) where necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person.

Protective Headwear

12.4 Where there is a hazard of head injury in a work place, protective headwear that meets the standards set out in CSA Standard Z94.1-M1977, Industrial Protective Headwear, the English version of which is dated April, 1977, as amended to September, 1982 and the French version of which is dated April, 1980 as amended to September, 1982, shall be used.

Protective Footwear

12.5(1) Where there is a hazard of a foot injury or electric shock through footwear in a work place, protective footwear that meets the standards set out in CSA Standard Z195-M1984, Protective Footwear, the English version of which is dated March, 1984 and the French version of which is dated December, 1984, shall be used.

(2) Where there is a hazard of slipping in a work place, non-slip footwear shall be used.

Eye and Face Protection

12.6 Where there is a hazard of injury to the eyes, face, ears or front of the neck of an employee in a work place, the employer shall provide eye or face protectors that meet the standards set out in CSA Standard Z94.3-M1982, Industrial Eye and Face Protectors, the English version of which is dated May, 1982 and the French version of which is dated February, 1983.

Respiratory Protection

12.7(1) Where there is a hazard of an airborne hazardous substance or an oxygen deficient atmosphere in a work place, the employer shall provide a respiratory protective device that is listed in the NIOSH Certified Equipment List published on February 13, 1998 by the National Institute for Occupational Safety and Health, as amended from time to time, and that protects against the hazardous substance or oxygen deficiency, as the case may be.

(2) A respiratory protective device referred to in subsection (1) shall be selected, fitted, cared for, used and maintained in accordance with the standards set out in CSA Standard Z94.4-M1982, Selection, Care and Use of Respirators, the English version of which is dated May, 1982, as amended to September, 1984 and the French version of which is dated March, 1983, as amended to September, 1984, excluding clauses 6.1.5, 10.3.3.1.2 and 10.3.3.4.2(c).

(3) Where air is provided for the purpose of a respiratory protective device referred to in subsection (1),

(a) the air shall meet the standards set out in clauses 5.5.2 to 5.5.11 of CSA Standard CAN3-Z180.1-M85, Compressed Breathing Air and Systems, the English version of which is dated December 1985 and the French version of which is dated November 1987; and

(b) the system that supplies air shall be constructed, tested, operated and maintained in accordance with the CSA Standard referred to in paragraph (a).

SOR/88-68, s. 14;

SOR/94-263, s. 45;

SOR/99-151, s. 1;

SOR/2002-208, s. 43(F).

12.8 Where a steel or aluminum self-contained breathing apparatus cylinder has a dent deeper than 1.5 mm and less than 50 mm in major diameter or shows evidence of deep isolated pitting, cracks or splits, the cylinder shall be removed from service until it has been shown to be safe for use by means of a hydrostatic test at a pressure equal to one and one-half times the maximum allowable working pressure.

SOR/94-263, s. 46.

Skin Protection

12.9 Where there is a hazard of injury or disease to or through the skin in a work place, the employer shall provide to every person granted access to the work place

Fall-Protection Systems

12.10(1) Subject to subsection (1.1), every employer shall provide a fall-protection system to any person, other than an employee who is installing or removing a fall-protection system in accordance with the instructions referred to in subsection (5), who works

(a) from an unguarded structure or on a vehicle, at a height of more than 2.4 m above the nearest permanent safe level or above any moving parts of machinery or any other surface or thing that could cause injury to a person on contact;

(b) from a temporary structure at a height of more than 6 m above a permanent safe level; or

(c) from a ladder at a height of more than 2.4 m above the nearest permanent safe level where, because of the nature of the work, that person is unable to use at least one hand to hold onto the ladder.

(1.1) Where an employee is required to work on a vehicle on which it is not reasonably practicable to provide a fall-protection system, the employer shall

(a) in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative,

(i) perform a job safety analysis to eliminate or minimize the need for the employee to climb onto the vehicle or its load, and

(ii) provide every employee who is likely to climb onto the vehicle or its load with training and instruction on the safe method of climbing onto and working on the vehicle or its load;

(b) make a report in writing to the regional health and safety officer setting out the reasons why it is not reasonably practicable to provide a fall-protection system and include the job safety analysis and a description of the training and instruction referred to in paragraph (a); and

(c) provide a copy of the report referred to in paragraph (b) to the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

(1.2) The job safety analysis, training and instruction referred to in paragraph (1.1)(a) shall be reviewed every two years in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

(2) The components of a fall-protection system shall meet the following standards:

(a) CSA Standard Z259.1-1976, Fall-Arresting Safety Belts and Lanyards for the Construction and Mining Industries, the English version of which is dated November, 1976, as amended to May, 1979 and the French version of which is dated April, 1980;

(b) CSA Standard Z259.2-M1979, Fall-Arresting Devices, Personnel Lowering Devices and Life Lines, the English version of which is dated November, 1979 and the French version of which is dated October, 1983; and

(c) CSA Standard Z259.3-M1978, Lineman’s Body Belt and Lineman’s Safety Strap, the English version of which is dated September, 1978, as amended to April, 1981 and the French version of which is dated April, 1980, as amended to April, 1981.

(3) The anchor of a fall-protection system shall be capable of withstanding a force of 17.8 kN.

(4) A fall-protection system that is used to arrest the fall of a person shall prevent that person

(a) from being subjected to a peak fall arrest force greater than 8 kN; and

(3) Where a work place is a wharf, dock, pier, quay or other similar structure, a ladder that extends at least two rungs below water level shall be affixed to the face of the structure every 60 m along its length.

SOR/88-632, s. 51(F).

Loose Clothing

12.12 Loose clothing, long hair, dangling accessories, jewellery or other similar items that are likely to be hazardous to the health or safety of an employee in a work place shall not be worn unless they are so tied, covered or otherwise secured as to prevent the hazard.

SOR/2002-208, s. 27.

Protection Against Moving Vehicles

12.13 Where an employee is regularly exposed to contact with moving vehicles during his work, he shall

(b) kept by the employer readily available for examination by every person granted access to the work place.

Defective Protection Equipment

12.16 Where an employee finds any defect in protection equipment that may render it unsafe for use, he shall report the defect to his employer as soon as possible.

12.17 An employer shall mark or tag as unsafe and remove from service any protection equipment used by his employees that has a defect that may render it unsafe for use.

PART XIIITools and Machinery

Interpretation

13.1 In this Part, explosive actuated fastening tool means a tool that, by means of an explosive force, propels or discharges a fastener for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material. (pistolet de scellement à cartouches explosives)

Design, Construction, Operation and Use of Tools

13.2 The exterior surface of any tool used by an employee in a fire hazard area shall be made of non-sparking material.

SOR/88-632, s. 54.

13.3 All portable electric tools used by employees shall meet the standards set out in CSA Standard CAN C22.2 No. 71.1-M89, Portable Electric Tools, the English version of which is dated September 1989 and the French version of which is dated February 1991.

SOR/94-263, s. 48.

13.4(1) Subject to subsection (2), all portable electric tools used by employees shall be grounded.

(c) are used in a location where reliable grounding cannot be obtained if the tools are supplied from a double insulated portable ground fault circuit interrupter of the class A type that meets the standards set out in CSA Standard C22.2 No. 144-1977, Ground Fault Circuit Interrupters, dated March, 1977.

SOR/94-263, s. 49(F).

13.5 All portable electric tools used by employees in a fire hazard area shall be marked as appropriate for use or designed for use in the area of that hazard.

13.6 Where an air hose is connected to a portable air-powered tool used by an employee, a restraining device shall be attached

(a) where an employee may be injured by the tool falling, to the tool; and

(b) to all hose connections, in order to prevent injury to an employee in the event of an accidental disconnection of a hose.

(2) No employee shall operate an explosive actuated fastening tool unless authorized to do so by his employer.

(3) Every employee who operates an explosive actuated fastening tool shall operate it in accordance with the CSA Standard referred to in subsection (1).

13.8 All chain saws used by employees shall meet the standards set out in CSA Standard CAN3-Z62.1-M85, Chain Saws, dated February, 1985.

Defective Tools and Machines

13.9 Where an employee finds any defect in a tool or machine that may render it unsafe for use, he shall report the defect to his employer as soon as possible.

13.10 An employer shall mark or tag as unsafe and remove from service any tool or machine used by his employees that has a defect that may render it unsafe for use.

Instructions and Training

13.11 Every employee shall be instructed and trained by a qualified person appointed by his employer in the safe and proper inspection, maintenance and use of all tools and machinery that he is required to use.

13.12(1) Every employer shall maintain a manual of operating instructions for each type of portable electric tool, portable air-powered tool, explosive actuated fastening tool and machine used by his employees.

(2) A manual referred to in subsection (1) shall be kept by the employer readily available for examination by an employee who is required to use the tool or machine to which the manual applies.

SOR/88-632, s. 55(F).

General Requirements for Machine Guards

13.13(1) Every machine that has exposed moving, rotating, electrically charged or hot parts or that processes, transports or handles material that constitutes a hazard to an employee shall be equipped with a machine guard that

(a) prevents the employee or any part of his body from coming into contact with the parts or material;

(b) prevents access by the employee to the area of exposure to the hazard during the operation of the machine; or

(c) makes the machine inoperative if the employee or any part of his clothing is in or near a part of the machine that is likely to cause injury.

(2) To the extent that is reasonably practicable, a machine guard referred to in subsection (1) shall not be removable.

(3) A machine guard shall be so constructed, installed and maintained that it meets the requirements of subsection (1).

SOR/94-263, s. 50(F).

Use, Operation, Repair and Maintenance of Machine Guards

13.14 Machine guards shall be operated, maintained and repaired by a qualified person.

13.15 Subject to section 13.16, where a machine guard is installed on a machine, no person shall use or operate the machine unless the machine guard is in its proper position.

SOR/94-263, s. 51.

13.16(1) Subject to subsection (2), where it is necessary to remove a machine guard from a machine in order to perform repair or maintenance work on the machine, no person shall perform the repair or maintenance work unless the machine has been locked out in accordance with a written lock out procedure provided by the employer.

(2) Where it is not reasonably practicable to lock out a machine referred to in subsection (1) in order to perform repair or maintenance work on the machine, the work may be performed if

(a) the person performing the work follows written instructions provided by the employer that will ensure that any hazard to that person is not significantly greater than it would be if the machine had been locked out; and

Mechanical Power Transmission Apparatus

13.20 Equipment used in the mechanical transmission of power shall be guarded in accordance with sections 7 to 10 of ANSI Standard ANSI B15.1-1972, Safety Standard for Mechanical Power Transmission Apparatus, dated July, 1972.

PART XIVMaterials Handling

Interpretation

materials handling equipment means equipment, including its supporting structures, auxiliary equipment and rigging devices, used to transport, lift, move or position persons, materials, goods or things and includes mobile equipment used to lift, hoist or position persons, but does not include an elevating device that is permanently installed in a building; (appareil de manutention)

motorized hand-rider truck

motorized hand-rider truck means motorized materials handling equipment that is designed to be controlled by a walking or onboard operator; (chariot à conducteur porté ou accompagnant)

operator

operator means a person who controls the operation of motorized or manual materials handling equipment and who has received or is receiving instruction and training in respect of the procedures referred to in subsection 14.23(1) or (3), as the case may be; (opérateur)

safe working load

safe working load means the maximum load that the motorized or manual materials handling equipment is designed and constructed to handle or support safely under particular operating conditions; (charge de travail admissible)

signaller

signaller means a person instructed by an employer to direct, by means of visual or auditory signals, the safe movement and operation of motorized materials handling equipment. (signaleur)

DIVISION IDESIGN AND CONSTRUCTION

General

14.3(1) Motorized and manual materials handling equipment shall, to the extent that is reasonably practicable, be so designed and constructed that if there is a failure of any part of the materials handling equipment, that failure will not result in loss of control of the materials handling equipment or create a hazardous condition.

(2) All glass and other transparent materials used in doors, windows and other parts of motorized materials handling equipment shall be of a type that does not shatter into sharp or dangerous pieces on impact.

(3) Subject to subsection 14.51(1), an employer shall ensure that the onboard operator’s compartment in, or position on, motorized materials handling equipment provides adequate adjustability of range to accommodate properly the operator for the work that is required to be done.

SOR/96-400, s. 1.

Protection from Falling Objects

14.4(1) Where motorized materials handling equipment is used under such circumstances that the onboard operator of the equipment may be struck by a falling object or shifting load, the employer shall equip the motorized materials handling equipment with a protective structure of such a design, construction and strength that it will, under all foreseeable conditions, prevent the penetration of the object or load into the compartment or position occupied by the operator.

(2) Subsection (1) does not apply to a motorized hand-rider truck unless there is a likelihood of its operator being struck by a falling object or a shifting load.

(b) designed to permit quick exit from the motorized materials handling equipment in an emergency.

(4) Where there is a likelihood that materials, goods or things will shift and endanger employees in a motor vehicle acquired after July 1, 1995 and having a gross vehicle weight of less than 4,500 kg, the employer shall install a bulkhead or other means to protect the employees.

SOR/96-400, s. 1.

14.5 Where during the loading or unloading of motorized materials handling equipment the load will pass over the operator’s compartment or position, the operator shall not occupy that compartment in, or position on, the equipment unless it is equipped with a protective structure required under section 14.4.

SOR/96-400, s. 1.

Protection from Overturning

14.6(1) Subject to subsection 14.51(2), where motorized materials handling equipment is used in circumstances where it may turn over, it shall be fitted with a rollover protection device that meets the standards set out in CSA Standard B352-M1980, Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines, the English version of which is dated September 1980 and the French version of which is dated April 1991, as amended from time to time, and that will prevent the operator of the motorized materials handling equipment from being trapped or crushed under the equipment if it does turn over.

(2) Subject to subsection 14.51(1), all motorized materials handling equipment used in circumstances described in subsection (1) shall be fitted with

(b) restraining devices preventing the displacement of the battery if the equipment turns over.

SOR/88-632, s. 57(F);

SOR/94-263, s. 52;

SOR/96-400, s. 1.

Seat-Belts

14.7 Where motorized materials handling equipment is used under conditions where a seat-belt or shoulder-type strap restraining device is likely to contribute to the safety of the operator or passengers, the materials handling equipment shall be equipped with such a belt or device.

SOR/88-68, s. 14;

SOR/94-263, s. 53(F);

SOR/96-400, s. 1.

Fuel Tanks

14.8(1) If a fuel tank, compressed gas cylinder or other container or any associated assembly mounted on motorized materials handling equipment contains a hazardous substance, the employer shall ensure that the tank, cylinder, container or assembly is

(a) so located or guarded that under all conditions it is not hazardous to the health or safety of an employee who is required to operate or ride on the materials handling equipment;

(b) connected to fuel overflow and vent pipes that are so located that fuel spills and vapours cannot be

(2) Subject to subsection 14.51(2), the installation, operation and maintenance of propane fuelled motorized materials handling equipment shall be in accordance with the Canadian Gas Association Standard CAN/CGA-B149.2-M91, Propane Installation Code, dated 1991, as amended from time to time.

SOR/96-400, s. 1;

SOR/2002-208, s. 28.

Protection from Elements

14.9(1) Motorized materials handling equipment that is regularly used outdoors shall be fitted with a roof or other structure that will protect the operator from exposure to any weather condition that is likely to be hazardous to the operator’s health or safety.

(2) Where the heat produced by motorized materials handling equipment results in a temperature above 26°C in the compartment or position occupied by that operator, the area shall be protected from the heat by an insulated barrier.

SOR/96-400, s. 1;

SOR/2002-208, s. 41.

Vibration

14.10 Subject to subsection 14.51(1), an employer shall ensure that all motorized materials handling equipment in use is designed and constructed so that any employee required to operate or ride on it will not be injured or its control will not be impaired by any vibration, jolting or uneven movement of the materials handling equipment.

SOR/88-632, s. 58;

SOR/96-400, s. 1.

Controls

14.11 Subject to subsection 14.51(1), the design and arrangement of displays and controls and the general design and layout of the operator’s compartment or position on all motorized materials handling equipment shall not hinder or prevent its operator from operating the equipment and shall, where reasonably practicable, maximize its operator’s ability to collect, comprehend and process information necessary for the safe use of the equipment.

SOR/96-400, s. 1.

Fire Extinguishers

14.12(1) An employer shall equip motorized materials handling equipment that is used for transporting or handling flammable substances with a dry chemical fire extinguisher.

Means of Entering and Exiting

(b) any other place on the equipment to which an employee requires regular access.

(2) A safe means referred to in subsection (1) shall take into account the employee’s body dimensions while wearing personal protective equipment and shall not require the employee to jump from the motorized materials handling equipment.

SOR/96-400, s. 1.

Lighting

14.14(1) Subject to subsection (2), where motorized materials handling equipment is used by an employee in a work place at night or at any time when the level of lighting within the work place is less than 10 lx, the materials handling equipment shall be fitted with

(a) warning lights on the front and rear that are visible from a distance of not less than 100 m; and

(2) No motorized materials handling equipment shall be used at night on a route that is used by other vehicles unless it is fitted with such lights as are required under the laws of the province in which the equipment is used.

SOR/96-400, s. 1.

Control Systems

14.15 All motorized materials handling equipment shall be fitted with braking, steering and other control systems that

(a) are capable of controlling and stopping its movement and that of any hoist, bucket or other part of the equipment; and

(b) respond reliably and quickly to moderate effort on the part of the employee controlling them.

SOR/96-400, s. 1.

Warning Devices

14.16(1) Motorized materials handling equipment that is used in an area occupied by employees and that travels

(a) forward at speeds in excess of 8 km/h shall be fitted with a horn or other similar audible warning device; and

(b) in reverse shall, subject to subsection 14.51(1), be fitted with a horn or other similar audible warning device that automatically operates while it travels in reverse.

(2) Where an audible warning device referred to in subsection (1) cannot be clearly heard above the noise of the motorized materials handling equipment and any surrounding noise, does not allow enough time for a person to avoid the danger in question or does not otherwise provide adequate warning, other visual, audible or tactile warning devices or methods shall be used so that adequate warning is provided.

(3) Where the use of an audible warning device referred to in subsection (1) would result in night-time noise levels in excess of those allowed by a municipal by-law applicable where the motorized material handling equipment is used, visual or tactile warning devices or methods may be used at night if such devices or methods provide an adequate warning.

SOR/96-400, s. 1.

Rear View Mirrors

14.17 Where motorized materials handling equipment cannot be operated safely in reverse unless it is fitted with sufficient rear-view mirrors, it shall be so fitted.

SOR/88-632, s. 59(F);

SOR/96-400, s. 1.

Guided Industrial Vehicles

14.18 Subject to subsection 14.51(2), the design, construction, operation and maintenance of guided industrial vehicles shall meet the standards set out in the American Society of Mechanical Engineers Standard ASME B56.5-1993, Safety Standard for Guided Industrial Vehicles and Automated Functions of Manned Industrial Vehicles, dated 1993, as amended from time to time.

SOR/96-400, s. 1.

Conveyors

14.19 Subject to subsection 14.51(2), the design, construction, operation and maintenance of each conveyor, cableway or other similar motorized materials handling equipment shall meet the standards set out in the American Society of Mechanical Engineers Standard ASME B20.1-1993, Safety Standard for Conveyors and Related Equipment, dated 1993, as amended from time to time.

SOR/96-400, s. 1.

DIVISION IIMAINTENANCE, USE AND OPERATION

Inspection, Testing and Maintenance

14.20(1) Before motorized or manual materials handling equipment is used for the first time in a work place, the employer shall set out in writing instructions on the inspection, testing and maintenance of that materials handling equipment.

(2) Instructions referred to in subsection (1) shall specify the nature and frequency of inspections, testing and maintenance.

(3) The inspection, testing and maintenance referred to in subsection (1) shall be performed by a qualified person who

(a) complies with the instructions referred to in that subsection; and

(b) makes and signs a report of each inspection, test or maintenance work performed by the qualified person.

Split Rim Wheels

14.22(1) Every employer whose employees maintain or repair motorized materials handling equipment equipped with split rim wheels shall set out in writing instructions for those employees on the maintenance and repair of those wheels.

(2) Instructions referred to in subsection (1) shall include instructions on training, inspection, installation, guarding, compatibility of parts used and repairs relating to the assembling and disassembling of split rim wheels.

(3) The employer shall keep a copy of the instructions referred to in subsection (1) at the work place in which the motorized materials handling equipment referred to in that subsection is kept for as long as the equipment is in use.

SOR/88-632, s. 61(F);

SOR/96-400, s. 1.

Instruction and Training

14.23(1) Subject to subsection (2), every employer shall ensure that every operator of motorized materials handling equipment has been instructed and trained in the procedures to be followed for

(c) its safe and proper use, in accordance with any instructions provided by the manufacturer and taking into account the conditions of the work place in which the operator will operate the materials handling equipment.

(2) Subsection (1) does not apply to an operator who, under the direct supervision of a qualified person, is being instructed and trained to use motorized materials handling equipment or on the matters referred to in that subsection.

(3) An employer shall ensure that every operator of manual materials handling equipment receives on-the-job training by a qualified person on the procedures to be followed for

(b) its safe and proper use, in accordance with any instructions of the manufacturer and taking into account the conditions of the work place in which the operator will operate the manual materials handling equipment and the operator’s physical capabilities.

(4) Every employer shall keep a written record, in respect of an operator, of any instruction or training referred to in subsection (1) for as long as the operator remains in the employer’s employment.

Signals

(b) has an unobstructed view of the area in which the equipment is to be operated.

SOR/88-632, s. 63;

SOR/96-400, s. 1;

SOR/2009-147, s. 8(F).

14.26(1) Every employer who wishes to use signals to direct the movement of motorized materials handling equipment shall establish a single code of signals to be used by signallers in all of the employer’s work places.

(2) Subject to subsection (3), signals from the code referred to in subsection (1) shall be given by a signaller, who may use only those signals.

(3) A signal to stop given in an emergency by any person granted access to the work place by the employer shall be obeyed by an operator.

(4) No signaller shall perform duties other than signalling while the motorized materials handling equipment under the signaller’s direction is in operation.

(5) Where any movement of motorized materials handling equipment that is directed by a signaller poses a risk to the safety of any person, the signaller shall not give the signal to move until that person is warned of, or protected from, the risk.

(6) Where the operator of any motorized materials handling equipment does not understand a signal, the operator shall consider that signal to be a stop signal.

SOR/96-400, s. 1.

14.27(1) Subject to subsection (2), where the use by a signaller of visual signals will not be an effective means of communication, the employer shall provide the signaller and the operator with a telephone, radio or other audible signalling device.

(2) No radio transmitting equipment shall be used in a work place for the transmission of signals where such use may activate electric blasting equipment in that place.

(3) Where a signalling device referred to in subsection (1) functions unreliably or improperly and the operation of any motorized materials handling equipment cannot be safely directed by another means of signalling, use of the motorized materials handling equipment shall be discontinued until the signalling device is repaired or replaced.

(4) Where an employee finds a defect in radio transmitting signalling equipment that may render it unsafe for use, the employee shall report the defect to the employer as soon as possible.

SOR/94-263, s. 54(F);

SOR/96-400, s. 1.

Gradients

14.28 No employee shall operate and no employer shall permit an employee to operate motorized materials handling equipment on a ramp with a gradient in excess of the lesser of

(a) the gradient that is recommended as safe by the manufacturer of the motorized materials handling equipment, either loaded or unloaded, as applicable; and

(b) such gradient as a qualified person determines to be safe, having regard to the mechanical condition of the motorized materials handling equipment and its load and traction.

SOR/96-400, s. 1.

Repairs

14.29(1) Motorized or manual materials handling equipment that creates a health or safety hazard owing to a defect in the materials handling equipment shall be taken out of service until it has been repaired or modified by a qualified person.

(2) Subject to subsection (3), any repair, modification or replacement of a part of any motorized or manual materials handling equipment shall at least maintain the safety factor of the materials handling equipment or part.

(3) If a part of less strength or quality than the original part is used in the repair, modification or replacement of a part of any motorized or manual materials handling equipment, the employer shall restrict the use of the materials handling equipment to such loading and use as will ensure the retention of the original safety factor of the equipment or part.

(4) An employer shall keep a record of any repair or modification referred to in subsection (1) and of any restriction on use imposed pursuant to subsection (3).

SOR/96-400, art. 1;

SOR/2002-208, s. 39.

Transporting and Positioning Employees

14.30(1) Motorized or manual materials handling equipment shall not be used for transporting an employee and no employee shall so use the equipment unless the equipment is specifically designed for that purpose.

(2) Motorized or manual materials handling equipment shall not be used for hoisting or positioning an employee, unless the equipment is equipped with a platform, bucket or basket designed for those purposes.

(3) Any motorized materials handling equipment that is normally used for transporting employees from place to place in a work place shall be equipped with

Loading, Unloading and Maintenance While in Motion

14.31 No materials, goods or things shall be picked up from, or placed on, any motorized or manual materials handling equipment while the equipment is in motion unless the equipment is specifically designed for that purpose.

SOR/96-400, s. 1.

14.32 Except in the case of an emergency, no employee shall get on or off of motorized or manual materials handling equipment while it is in motion.

SOR/96-400, s. 1.

14.33(1) Subject to subsection (2), no repair, maintenance or cleaning work shall be performed on motorized or manual materials handling equipment while the materials handling equipment is in use.

(2) Fixed parts of motorized or manual materials handling equipment may be repaired, maintained or cleaned while the materials handling equipment is being used if the parts are so isolated or guarded that the use of the materials handling equipment does not present a risk to the safety of the employee performing the repair, maintenance or cleaning work.

SOR/88-632, s. 64(F);

SOR/94-263, s. 55(F);

SOR/96-400, s. 1.

Positioning the Load

14.34(1) Where motorized or manual materials handling equipment is travelling with a raised or suspended load, its operator shall ensure that the load is carried as close to the ground or floor as the situation permits and shall not in any case transport the load at or beyond the point at which the loaded equipment becomes unstable.

(2) Any load, other than bulk materials, that would likely slide on or fall from motorized or manual materials handling equipment resulting in a hazardous condition shall be secured to prevent such movement.

SOR/96-400, s. 1.

Tools

Housekeeping

14.36 The floor, cab and other occupied parts of motorized materials handling equipment shall be kept free of any grease, oil, materials, tools, equipment or other hazards that may cause an employee to slip or trip or may create a fire hazard or otherwise interfere with the safe operation of the equipment.

SOR/88-632, s. 65(F);

SOR/96-400, s. 1.

Parking

14.37(1) No motorized or manual materials handling equipment shall be parked in a corridor, aisle, doorway or other place where it may interfere with the safe movement of persons, materials, goods or things.

(2) Where motorized or manual materials handling equipment is required to enter or exit a vehicle other than a railway car to load or unload materials, goods or things to or from the vehicle, the vehicle shall be immobilized and secured against accidental movement, by means additional to the vehicle’s braking system.

(3) Where motorized or manual materials handling equipment is required to enter or exit a railway car to load or unload materials, goods or things to or from the railway car, the railway car shall be immobilized.

(4) Any motorized materials handling equipment that is left unattended shall be immobilized against accidental movement, by applying a parking brake or other braking device.

SOR/88-632, s. 66(F);

SOR/96-400, s. 1.

Materials Handling Area

14.38(1) In this section, materials handling area means an area within which materials handling equipment may create a hazard to any person.

(2) An employer shall cause warning signs to be posted, or a signaller to be in control, at the approaches to any materials handling area while materials handling operations are in progress.

(3) Only the following persons may enter a materials handling area while materials handling operations are in progress:

(b) an employee whose presence in the materials handling area is essential to the conduct, supervision or safety of the materials handling operations; or

(c) a person who has been authorized by the employer to be in the materials handling area while materials handling operations are in progress.

(4) If any person other than a person referred to in subsection (3) enters a materials handling area, the employer shall cause the materials handling operations in the immediate vicinity of the unauthorized person to be immediately discontinued and to remain discontinued until the person has left that materials handling area.

SOR/88-68, s. 14;

SOR/88-632, s. 67(F);

SOR/94-263, s. 65(F);

SOR/96-400, s. 1;

SOR/2002-208, s. 38.

Hazard Areas

14.39(1) Subject to subsection (2), no motorized or manual materials handling equipment shall be used in an area in which it may contact an electrical cable, a pipeline containing a hazardous substance or any other hazard known to the employer, unless the employer has informed the operator of the presence and location of the hazard and of the safety clearance that the operator must maintain with respect to the hazard.

(2) Where an employer is unable to determine with reasonable certainty the location of an electrical cable or a pipeline containing a hazardous substance, the electrical cable shall be de-energized or the pipeline shut down and drained before any activity involving the use of motorized materials handling equipment commences within the area of possible contact with the electrical cable or the pipeline.

SOR/96-400, s. 1;

SOR/2002-208, s. 43(F).

Rear Dumping

14.40 Where rear-dumping motorized materials handling equipment is used to discharge a load at the edge of a sudden drop in grade level that may cause the equipment to tip and in order to prevent the motorized materials handling equipment from being backed over the edge,

(b) a signaller shall give directions to the operator of the equipment.

SOR/96-400, s. 1;

SOR/2009-84, s. 1(F).

Fuelling

14.41 Where motorized materials handling equipment is fuelled in a work place, a qualified person shall do the fuelling in accordance with procedures referred to in subsection 14.23(1) in a place that is well ventilated so that the vapours from the fuel will be dissipated quickly.

SOR/96-400, s. 1.

Ropes, Slings and Chains

14.42(1) The employer shall, with respect to the use and maintenance of any rope, sling or chain or any attachment or fitting thereon used by an employee, adopt and implement the recommendations set out in Chapter 10 of the Accident Prevention Manual for Business and Industry, 10th edition, published by the National Safety Council of the United States, dated 1992.

(2) Subsection (1) does not apply to ropes, slings or chains or to any attachments or fittings thereon that comply with the requirements of the Tackle Regulations.

SOR/96-400, s. 1.

Safe Working Loads

14.43(1) Motorized or manual materials handling equipment shall be legibly marked with sufficient information so as to enable the operator to determine its safe working load.

(2) No motorized or manual materials handling equipment shall be used with a load that exceeds its safe working load.

SOR/96-400, s. 1.

Aisles and Corridors

14.44(1) An employer shall provide a clearly marked pathway for the exclusive use of pedestrians and persons using wheelchairs and other similar devices that is not less than 750 mm wide along one side of an aisle, corridor or other course of travel that is found in a work place and that

(a) is a principal traffic route for mobile equipment, pedestrians and persons using wheelchairs and other similar devices; and

(2) Subsection (1) does not apply where a signaller or traffic lights are provided for the purpose of controlling traffic and protecting persons.

(3) Where an aisle, corridor or other course of travel that is a principal traffic route in a work place intersects with another route, an employer shall cause warning signs marked with the words “DANGEROUS INTERSECTION — CROISEMENT DANGEREUX”, in letters not less than 50 mm in height on a contrasting background, to be posted along the approaches to the intersection.

(4) At blind corners, mirrors shall be installed that permit a mobile equipment operator to see a pedestrian, a person using a wheelchair or other similar device, a vehicle or mobile equipment approaching the blind corner.

SOR/96-400, s. 1;

SOR/96-525, s. 15.

Clearances

14.45(1) In any passageway that is regularly travelled by motorized or manual materials handling equipment, the employer shall ensure that

(i) that part of the materials handling equipment or its load that is the highest when the materials handling equipment is in its highest normal operating position at the point of clearance, and

(ii) the top of the head of the operator or any other employee required to ride on the materials handling equipment when occupying the highest normal position for the operator or employee at the point of clearance; and

(b) a side clearance is sufficiently wide to permit the motorized or manual materials handling equipment and its load to be manoeuvred safely by an operator, but in no case less than 150 mm on each side measured from the furthest projecting part of the equipment or its load, when the equipment is being operated in a normal manner.

(2) Where an overhead clearance measured in accordance with subparagraph (l)(a)(i) or (ii) is less than 300 mm, the employer shall cause

(a) the top of the doorway or object that restricts the clearance to be marked with a distinguishing colour or mark; and

(b) the height of the passageway in metres to be shown near the top of the passageway in letters that are not less than 50 mm in height and are on a contrasting background.

(3) Subparagraph (l)(a)(i) and subsection (2) do not apply in respect of

(b) that portion of the route of any motorized or manual materials handling equipment that is inside a railway car, truck or trailer truck, including the warehouse doorway leading directly to it; or

(c) a load the nature of which precludes compliance with that subparagraph or subsection if precautions are taken to prevent contact with objects that may restrict the movement of the equipment.

SOR/88-632, s. 68(F);

SOR/96-400, s. 1.

DIVISION IIIMANUAL HANDLING OF MATERIALS

14.46(1) Where, because of the weight, size, shape, toxicity or other characteristic of materials, goods or things, the manual handling of materials, goods or things may be hazardous to the health or safety of an employee, the employer shall issue instructions that the materials, goods or things shall, where reasonably practicable, not be handled manually.

(2) For the purposes of subsection (1), the employer shall take into account the frequency and duration of manual lifting and the distances and terrain over which an object is to be manually lifted or carried in deciding whether the manual handling of the materials, goods or things may be hazardous to the health or safety of an employee.

SOR/96-400, s. 1;

SOR/2002-208, ss. 29(E), 39.

14.47 No employer shall require an employee who is an office worker and whose primary tasks do not include manual lifting or carrying to manually lift or carry materials, goods or things in excess of 23 kg.

SOR/96-400, s. 1.

14.48 Where an employee is required manually to lift or carry loads weighing in excess of 10 kg, the employer shall instruct and train the employee

(a) in a safe method of lifting and carrying the loads that will minimize the stress on the body; and

(b) in a work procedure appropriate to the employee’s physical condition and the conditions of the work place.

SOR/96-400, s. 1.

14.49 Where an employee is required manually to lift or carry loads weighing in excess of 45 kg, the employer shall give instructions to the employee in accordance with section 14.48 that are

(c) kept by the employer for a period of two years after they cease to apply.

SOR/88-632, s. 69(F);

SOR/96-400, s. 1.

DIVISION IVSTORAGE OF MATERIALS

14.50(1) All materials, goods and things shall be stored in the work place in such a manner that the maximum safe load carrying capacity of the floor or other supporting structures is not exceeded.

(2) All materials, goods or things shall be stored and placed in such a manner that employees are not required manually to lift materials, goods or things in a manner that would lead to overextension of or excessive strain on the body.

(3) All materials, goods or things shall be stored in a manner so that

(a) light in the storage area is not reduced below the levels required by Part VI;

(b) there is no obstruction or encroachment of passageways, traffic lanes or exits;

(c) the safe operation of motorized or manual materials handling equipment is not impeded;

(d) the ready access to or the operation of fire fighting equipment is not obstructed;

(e) the operation of fixed fire protection equipment is not interfered with; and

DIVISION VTRANSITIONAL PROVISIONS

14.51(1) Subject to subsection (3), motorized materials handling equipment that is in use at the time this amendment comes into force, and that meets the requirements of this Part as it read immediately before the coming into force of this amendment, is exempt from having to comply with the amendment as long as the motorized materials handling equipment continues to meet those requirements.

(2) Subject to subsection (3), motorized or manual materials handling equipment that is in use at the time an amendment to a standard or code incorporated by subsection 14.6(1) or 14.8(2) or section 14.18 or 14.19 comes into force and that complies with the standard or code as it read immediately before the coming into force of the amendment, is exempt from having to comply with the amendment as long as the motorized or manual materials handling equipment continues to meet that standard or code.

(a) subsection (1) meets the requirements of subsection 14.3(3) or 14.6(2), section 14.10, 14.11 or 14.13 or paragraph 14.16(1)(b); and

(b) subsection (2) complies with an amendment referred to in that subsection.

(4) If it is not reasonably practicable for materials handling equipment in use at the time an amendment referred to in subsection (1) or (2) comes into force to comply with the amendment, the employer whose employees use the equipment shall notify the work place committee or the health and safety representative of the non-compliance.

SOR/96-400, s. 1;

SOR/2002-208, s. 30.

PART XVHazardous Occurrence Investigation, Recording and Reporting

Interpretation

disabling injury means an employment injury or an occupational disease that

(a) prevents an employee from reporting for work or from effectively performing all the duties connected with the employee’s regular work on any day subsequent to the day on which the injury or disease occurred, whether or not that subsequent day is a working day for that employee,

(b) results in the loss by an employee of a body member or part thereof or in the complete loss of the usefulness of a body member or part thereof, or

(c) results in the permanent impairment of a body function of an employee; (blessure invalidante)

district office

district office, in respect of a work place, means the office of the Department of Human Resources and Skills Development that is responsible for the HRSDC Labour Program and that is

(b) in any of the Department’s administrative regions in which the work place is situated; (bureau de district)

minor injury

minor injury means an employment injury or an occupational disease for which medical treatment is provided and excludes a disabling injury. (blessure légère)

SOR/89-479, s. 1;

SOR/2009-147, s. 9.

Application

15.2(1) Subject to subsection (2), this Part does not apply in respect of employees employed in a coal mine or in an underground portion of any other type of mine.

(2) Section 15.10 applies in respect of employees employed in a coal mine.

SOR/89-479, s. 1;

SOR/90-180, s. 3.

Reports by Employee

15.3 Where an employee becomes aware of an accident or other occurrence arising in the course of or in connection with the employee’s work that has caused or is likely to cause injury to that employee or to any other person, the employee shall, without delay, report the accident or other occurrence to his employer, orally or in writing.

SOR/89-479, s. 1.

Investigations

15.4(1) Where an employer becomes aware of an accident, occupational disease or other hazardous occurrence affecting any of his employees in the course of employment, the employer shall, without delay,

(a) appoint a qualified person to carry out an investigation of the hazardous occurrence;

(b) notify the work place committee or the health and safety representative of the hazardous occurrence and of the name of the person appointed to investigate it; and

(c) take necessary measures to prevent a recurrence of the hazardous occurrence.

(2) Where the hazardous occurrence referred to in subsection (1) is an accident involving a motor vehicle on a public road that is investigated by a police authority, the investigation referred to in paragraph (1)(a) shall be carried out by obtaining from the appropriate police authority a copy of its report respecting the accident.

(3) As soon as possible after receipt of the report referred to in subsection (2), the employer shall provide a copy thereof to the work place committee or the health and safety representative.

SOR/89-479, s. 1;

SOR/94-263, s. 56;

SOR/2002-208, s. 31.

Telephone or Telex Reports

15.5 The employer shall report to a health and safety officer, by telephone or telex, the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 15.4 that had one of the following results, as soon as possible but not later than 24 hours after becoming aware of that result, namely,

Written Reports

15.8(1) The employer shall make a report in writing, without delay, in the form set out in Schedule I to this Part setting out the information required by that form, including the results of the investigation referred to in paragraph 15.4(1)(a), where that investigation discloses that the hazardous occurrence resulted in any one of the following circumstances:

(2) The employer shall submit a copy of the report referred to in subsection (1)

(a) without delay, to the work place committee or the health and safety representative; and

(b) within 14 days after the hazardous occurrence, to a health and safety officer at the regional office or district office.

SOR/89-479, s. 1;

SOR/94-263, s. 59;

SOR/2002-208, s. 33.

15.9 Where an accident referred to in subsection 15.4(2) results in a circumstance referred to in subsection 15.8(1), the employer shall, within 14 days after the receipt of the police report of the accident, submit a copy of that report to a health and safety officer at the regional office or district office.

SOR/89-479, s. 1;

SOR/2002-208, s. 38.

Annual Report

15.10(1) Every employer shall, not later than March 1 in each year, submit to the Minister a written report setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware affecting any employee in the course of employment during the 12 month period ending on December 31 of the preceding year.

(2) The report shall be in the form set out in Schedule II to this Part, contain the information required by that form and be accompanied by a copy of any report made in accordance with subsection 19.8(1).

PART XVIFirst Aid

Interpretation

ambulance response time means the time required for an ambulance with trained personnel and emergency medical equipment to reach the workplace from the nearest point of dispatch under normal travel conditions. (délai d’intervention ambulancière)

first aid attendant

first aid attendant means a holder of a valid basic or standard first aid certificate. (secouriste)

first aid station

first aid station means a place, other than a first aid room, at which first aid supplies or equipment are stored. (poste de secours)

health unit

health unit means a facility that is under the charge of a physician or a person who is registered as a registered nurse under the laws of any province, and that, if it is under the control of the employer, meets the minimum requirements of a first aid room contained in this Part. (service de santé)

medical treatment facility

medical treatment facility means a hospital, medical clinic or physician’s office, at which emergency medical treatment can be dispensed. (installation de traitement médical)

remote workplace

remote workplace means a workplace for which the ambulance response time is more than two hours. (lieu de travail isolé)

standard first aid certificate

standard first aid certificate means the certificate issued by an approved organization for successful completion of a two-day first aid course. (certificat de secourisme général)

SOR/88-68, s. 13(E);

SOR/2000-328, s. 2.

General

16.2(1) Every employer shall establish, and keep up to date, written instructions that provide for the prompt rendering of first aid to an employee for an injury, an occupational disease or an illness.

(2) The employer shall keep a copy of the instructions readily available for consultation by employees.

SOR/88-632, s. 70(F);

SOR/2000-328, s. 2.

First Aid Attendants

16.3(1) At every workplace at which six or more employees are working at any time, the employer shall ensure that there is a first aid attendant.

(2) At every remote workplace at which two or more employees are working at any time, the employer shall ensure that there is a first aid attendant.

(3) At every workplace at which an employee is working on live high voltage electrical equipment, the employer shall ensure that

(ii) twenty minutes or more but not more than two hours, a standard first aid certificate; and

(c) if the workplace is in a wilderness area, a standard first aid certificate and wilderness first aid training that is specially designed to meet the first aid needs of persons who work, live or travel in such an area.

SOR/2000-328, s. 2.

16.4(1) A first aid attendant referred to in section 16.3 or paragraph 16.10(1)(a)

(2) At a remote workplace or in a motor vehicle, the information and lists referred to in subsection (1) shall be provided and retained with the first aid kit.

SOR/96-525, s. 16;

SOR/2000-328, s. 2.

First Aid Supplies and Equipment

16.7(1) At every workplace with a number of employees set out in column 1 of an item of Schedule I to this Part, the employer shall ensure that there is provided a first aid kit of the type set out in column 2 of that item.

(2) A first aid kit of type A, B, C or D shall contain the first aid supplies and equipment set out in column 1 of an item of Schedule II to this Part in the quantity, if any, set out in column 2 of that item for that type.

(3) A first aid kit of type A for use in a remote workplace shall, in addition to the contents required by subsection (2), contain the first aid supplies and equipment set out in column 1 of an item of Schedule III to this Part in the quantity set out in column 2 of that item.

(4) Prescription drugs or other medications not set out in Schedules II, III and IV to this Part shall not be stored in first aid kits or with first aid supplies.

SOR/2000-328, s. 2.

16.8(1) Subject to subsection (2), if a hazard for skin or eye injury from a hazardous substance exists in the workplace, the employer shall ensure that shower facilities to wash the skin and eye wash facilities to irrigate the eyes are provided for immediate use by employees.

(2) If it is not practicable to comply with subsection (1), the employer shall provide portable equipment that may be used in place of the facilities referred to in that subsection.

(3) If, due to adverse or extreme weather conditions, it is not possible to comply with either subsection (1) or (2), the employer shall provide personal protection equipment for all employees likely to be exposed to the hazardous substance for all parts of their bodies that may be injured because of the presence of hazardous substances in the workplace.

SOR/88-68, s. 14;

SOR/88-632, s. 72(F);

SOR/94-263, ss. 60(F), 65(F);

SOR/2000-328, s. 2;

SOR/2002-208, s. 43(F).

First Aid Rooms

16.9(1) If 200 or more employees are working at any time in a workplace, the employer shall ensure that a first aid room is provided and that it is clearly identified by a conspicuous sign.

Transportation

(a) ensure that for that workplace there is an ambulance service or other suitable means of transporting an injured or ill employee to a health unit or medical treatment facility; and

(b) provide for that workplace a means of quickly summoning the ambulance service or other suitable means of transportation.

SOR/2000-328, s. 2.

Teaching First Aid

16.12(1) An organization that wants to obtain the approval of the Minister for offering courses in first aid shall apply for it in writing to the Minister.

(2) The application shall be accompanied by a description of the proposed courses.

(3) If the application is for approval for offering a course in advanced first aid, including wilderness first aid, in relation to a particular work place, the application shall also be accompanied by a report from the employer at that work place, prepared in consultation with the work place committee or health and safety representative, that identifies the first aid training requirements for the work place, having regard to the particular nature of that work place.

(4) The Minister shall approve an application by an organization to offer courses in basic and standard first aid if the organization’s training program contains the elements and meets the criteria set out in Schedule V to this Part.

(5) The Minister shall approve an application by an organization to offer courses in advanced first aid, including wilderness first aid, in relation to a particular workplace if the organization’s training program is appropriate for that workplace, having regard to the training requirements identified in the report referred to in subsection (3).

(6) Subject to subsections (7) and (8), a letter of approval from the Minister is valid for a period of five years starting on the date of issue.

(7) The Minister may suspend or cancel the approval of an organization under subsection (4) if the organization’s training program no longer contains the elements or meets the criteria set out in Schedule V to this Part.

(8) The Minister may suspend or cancel the approval of an organization under subsection (5) in relation to a workplace if the organization’s training program is no longer appropriate for that workplace.

(9) Basic and standard first aid certificates and certifications of completion of advanced first aid courses, including wilderness first aid courses, are valid for a maximum of three years, starting on their date of issue.

SOR/88-632, s. 75;

SOR/2000-328, s. 2;

SOR/2002-208, s. 35.

Records

16.13(1) If first aid is required by this Part to be rendered, the first aid attendant who renders the first aid shall

(a) if first aid was rendered to an employee at a remote workplace detached from the main party or on a snowmobile or other small vehicle, in the first aid record stored in the first aid kit at the site of the main party or work site; and

(b) in any other case, in the first aid record stored in the first aid kit.

(3) The employer shall keep a first aid record containing information entered in accordance with subsection (2) for a period of two years beginning on the date of that entry.

(4) Persons with access to first aid records shall keep the information contained in the records confidential, except as required for the purposes of meeting reporting obligations under Part XV.

(5) On receiving a written request from a workers’ compensation authority for the province where the workplace is located or a medical practitioner, the employer shall provide an employee with a copy of the first aid record pertaining to the employee’s treatment.

(6) The employer shall maintain a record of the expiry dates of the first aid certificates of the first aid attendants and make it readily available to them.

SOR/2000-328, s. 2.

SCHEDULE I(Subsection 16.7(1))

Requirements for First Aid Kits

Item

Column 1

Column 2

Number of Employees

Type of First Aid Kit

1

2 to 5 (subject to item 5)

A

2

6 or more, where the first aid attendant is required to have at least a basic first aid certificate

B

3

6 or more, where the first aid attendant is required to have at least a standard first aid certificate

C

4

1, detached from the main party in a remote workplace

D

5

1 to 3, travelling by snowmobile or other small vehicle, other than a truck, van or automobile

D

Note: The contents of first aid kits A, B, C and D are set out in Schedule II.

Patient treatment record forms, which include vital sign recording sections

3

8

Oral temperature thermometer in an unbreakable case

1

9

Emergency signalling mirror

1

10

Blanket: emergency, pocket size

1

11

Anti-itch ointment/lotion/swabs (10-pack)

2

12

Scissors: super shears

1

13

Bags: disposable, waterproof, emesis

4

14

Burn jelly (5 mL)

4

15

Plastic bags: waterproof and sealable for disposal of contaminated waste

2

16

Cold packs: instant type

2

17

Hot packs: instant type

2

Note: In addition to the type A first aid kit and the above items, an effective means of communication with the base camp of operations must be available. The contents of a type A first aid kit are set out in Schedule II.

SOR/2000-328, s. 2.

SCHEDULE IV(Subsection 16.7(4) and subparagraph 16.10(1)(e)(vi))

First Aid Room Supplies and Equipment

Item

Column 1

Column 2

Supplies and Equipment

Quantity

1

First aid kit: type C (containing the supplies and equipment set out in Schedule II)

1

2

Basin: wash, portable, 4.7 L capacity

1

3

Bedding: disposable, 2 sheets and 2 pillow cases (set)

6

4

Tray: instrument

1

5

Waste receptacle: covered

1

6

Soap: liquid, with dispenser

1

7

Towels: disposable, with dispenser

1

8

Cups: box of disposable, with dispenser

1

9

Flashlight (appropriate for the workplace)

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SOR/2000-328, s. 2.

SCHEDULE V(Subsections 16.12(4) and (7))

Subjects to be Included in the Courses

1 Basic first aid:

(a) the provision of basic first aid and the first aid attendant’s role and obligations in relation to basic first aid;

PART XVIISafe Occupancy of the Work Place

Interpretation

17.1 In this Part, emergency evacuation plan means a written plan for use in an emergency, prepared in accordance with section 17.4.

Application

17.2 This Part does not apply in respect of employees employed in the underground workings of mines.

Fire Protection Equipment

17.3(1) Fire protection equipment shall be installed, inspected and maintained in every building in which there is a work place in accordance with the standards set out in Parts 6 and 7 of the National Fire Code.

(3) All fire protection equipment shall be maintained and repaired by a qualified person.

SOR/2000-374, s. 6.

Emergency Evacuation Plan

17.4(1) Where more than 50 employees are working in a building at any time, the employer or employers of those employees shall prepare an emergency evacuation plan for all employees, including those who require special assistance, after consultation with

(a) the work place committee or the health and safety representative; and

(b) the employers of any persons working in the building to whom the Act does not apply.

(d) the names, room numbers and telephone numbers of the chief emergency warden and the deputy chief emergency warden of the building appointed by the employer or employers under section 17.7.

(3) An emergency evacuation plan referred to in subsection (1) shall be kept up-to-date and shall take into account any changes in the building or the nature of its occupancy.

(4) An employer referred to in subsection (1) shall keep a copy of the up-to-date emergency evacuation plan in the building to which it refers.

SOR/94-263, s. 62;

SOR/96-525, s. 17;

SOR/2002-208, s. 36.

Emergency Procedures

17.5(1) Every employer shall, after consultation with the work place committee or the health and safety representative and with the employers of any persons working in the building to whom the Act does not apply, prepare emergency procedures

(a) to be implemented if any person commits or threatens to commit an act that is likely to be hazardous to the health and safety of the employer or any of his or her employees;

(b) if there is a possibility of an accumulation, spill or leak of a hazardous substance in a work place controlled by the employer, to be implemented in the event of such an accumulation, spill or leak;

(c) if more than 50 employees are working in a building at any time, to be implemented when evacuation is not an appropriate means of ensuring the health and safety of employees;

(d) to be implemented in the event of a failure of the lighting system; and

Instructions and Training

(a) the procedures to be followed by him in the event of an emergency; and

(b) the location, use and operation of fire protection equipment and emergency equipment provided by the employer.

(2) Notices that set out the details of the evacuation plans and procedures referred to in paragraphs 17.4(2)(c) and 17.5(2)(a) and (b) shall be posted at locations accessible to every employee at the work place.

SOR/96-525, s. 19.

Emergency Wardens

17.7(1) Where an employer or employers have prepared an emergency evacuation plan for a building, the employer or employers shall appoint

(a) a chief emergency warden and a deputy chief emergency warden for that building;

(b) an emergency warden and a deputy emergency warden for each floor of the building that is occupied by employees of the employer or employers; and

(c) monitors for any employee who require special assistance in evacuating the building.

(2) The chief emergency warden and deputy chief emergency warden appointed for a building shall be employees who are normally employed in the building.

(3) The emergency warden and the deputy emergency warden appointed for a floor in a building shall be employees who are normally employed on that floor and monitors for an employee who requires special assistance shall be employees who are normally employed on the same floor as the employee requiring special assistance.

SOR/96-525, s. 20.

17.8(1) Every emergency warden, deputy emergency warden and monitor appointed under section 17.7 shall be instructed and trained in

(a) his responsibilities under the emergency evacuation plan and the emergency procedures referred to in paragraph 17.5(1)(c); and

(2) A record of all instruction and training provided in accordance with subsection (1) shall be kept by the employer in the work place to which it applies for a period of two years from the date on which the instruction or training is provided.

SOR/88-632, s. 76(E);

SOR/96-525, s. 21.

Inspections

17.9(1) In addition to the inspections carried out under section 17.3, a visual inspection of every building to which subsection 17.4(1) applies shall be carried out by a qualified person at least once every six months and shall include an inspection of all fire escapes, exits, stairways and fire protection equipment in the building in order to ensure that they are in serviceable condition and ready for use at all times.

(2) A record of each inspection carried out in accordance with subsection (1) shall be dated and signed by the person who made the inspection and kept by the employer in the building to which it applies for a period of two years from the date on which it is signed.

Meetings of Emergency Wardens and Drills

17.10(1) At least once every year and after any change is made in the emergency evacuation plan or the emergency procedures referred to in paragraph 17.5(1)(c) for a building,

(a) emergency wardens, deputy emergency wardens and monitors appointed under section 17.7 and employees requiring special assistance shall meet for the purpose of ensuring that they are familiar with the emergency evacuation plan and the emergency procedures and their responsibilities thereunder; and

(b) an evacuation or emergency drill shall be conducted for the employees in that building.

(2) The employer or employers shall keep a record of each meeting and drill referred to in subsection (1) in the building referred to in that subsection for a period of two years from the date of the meeting or the drill.

(2) Where it is not reasonably practicable to avoid performing work involving the use of any equipment, machinery or tool that may provide a source of ignition in an area that has an atmosphere that contains or is likely to contain explosive concentrations of combustible dust or in an area where combustible dust has accumulated in a sufficient quantity to be a fire hazard, the following shall apply:

(a) the atmosphere and surfaces in the area where the work is to be performed and within that portion of the surrounding area that is accessible to sparks or pieces of hot metal produced by the work shall be substantially free of combustible dust;

(b) where any equipment, machinery or tool produces combustible dust that may reach the areas referred to in paragraph (a), the equipment, machinery or tool shall be made inoperative prior to and during the time the work is being performed;

(c) in so far as is practicable, the area where the work is to be performed shall be enclosed to prevent the escape of sparks or pieces of hot metal produced by the work;

(d) all openings in floors and walls through which sparks or pieces of hot metal produced by the work may pass shall be sealed or covered to prevent such passage;

(e) any combustible materials within the areas referred to in paragraph (a) shall be removed or, if this is not reasonably practicable, shall be covered with a non-combustible protective covering;

(f) floors and walls of combustible material within the areas referred to in paragraph (a) shall be protected from the fire hazard by

(c) the site of an oil or radioactive spill. (environnement contaminé)

decompression table

decompression table means a table or set of tables that shows a schedule of rates for the safe ascent of a diver from depth in order to minimize the risk of decompression sickness. (table de décompression)

dive supervisor

dive supervisor means a qualified person who has been designated by the employer to be in charge of a diving operation at the dive site, including the health and safety of its divers. (chef de plongée)

diver

diver means a qualified person who performs work under water. (plongeur)

diver’s flag

diver’s flag means the rectangular red flag set out in Schedule I, each side of which is not less than 50 cm in length, that has a white diagonal stripe extending from the tip of the hoist to the bottom of the flag. (pavillon du plongeur)

diver’s tender

diver’s tender means a qualified person who attends to a diver for the duration of a dive. (assistant du plongeur)

DIVISION ITYPE 1 DIVES AND TYPE 2 DIVES

Written Procedures

18.4(1) Every employer shall establish written procedures and requirements that are to be followed and met by employees involved in diving operations and that specify which of those procedures and requirements

(a) apply to each type of dive in which the employees are likely to engage, including the qualifications of the dive team members;

(b) are to be implemented or met to counter any known hazards, including those arising out of contaminated or potentially contaminated environments, low visibility, hazardous water flow conditions and entrapment; and

(c) deal with emergency situations and the evacuation of dive team members.

(2) Every employer shall review the procedures referred to in paragraph (1)(c) at least once a year and, if necessary, revise those procedures.

(3) The procedures and requirements referred to in subsection (1) shall be available to all employees involved in diving operations.

SOR/98-456, s. 1.

Instruction and Training

18.5(1) Every employer shall ensure that an employee required to dive has received instruction and training with respect to

(a) the types of dives in which the employee is likely to participate; and

(2) Every employer shall ensure that an employee involved in diving operations demonstrates on an annual basis that the employee is competent to perform the types of dives in which the employee is likely to participate.

(3) Every employer shall ensure that persons who are not employees and who dive with employees demonstrate that they are competent to perform the types of dives in which they will participate.

SOR/98-456, s. 1.

18.6(1) Every employer shall ensure that an employee required to dive has been trained in first aid and cardio-pulmonary resuscitation and in the recognition of the symptoms and the management of diving-related injuries.

(2) Where oxygen equipment for therapeutic purposes is provided at the dive site, the employer shall ensure that an employee required to dive or act as a diver’s tender is trained in its use.

SOR/98-456, s. 1.

Medical Evaluations

18.7(1) Every employer shall ensure that an employee required to dive has

(b) been declared fit to dive, or fit to dive with specified restrictions, by the examining physician.

(2) For the purposes of subsection (1), the examining physician shall use as a guideline the factors and tests listed in Appendices A and B of CSA Standard CAN/CSA-Z275.2-92, Occupational Safety Code for Diving Operations, published in English in April 1992 and in French in February 1994, as amended from time to time.

(3) Where the physician examining the employee pursuant to subsection (1) declares the employee fit to dive with specified restrictions, the employer shall not permit the employee to dive otherwise than in accordance with the specified restrictions.

(4) Every employer shall ensure that a diver who has been treated for a pressure-related injury or illness does not dive unless written clearance for further diving is given by a physician.

SOR/98-456, s. 1.

Fitness to Dive

18.8(1) If a diver considers himself or herself unfit to dive owing to illness, fatigue or any other cause, the diver shall inform the employer of that fact.

(2) An employer who has been notified pursuant to subsection (1) shall not permit the employee to dive.

SOR/98-456, s. 1.

Dive Plan

18.9(1) Every employer shall ensure that, for each dive, the dive team develops a dive plan that identifies the surface and underwater conditions and hazards likely to be encountered, including those arising from contaminated environments and underwater pressure differentials, and that specifies

(4) A dive boat operator shall be present at any dive carried out from a boat or vessel.

SOR/98-456, s. 1.

18.11 Every employer shall ensure that, for the duration of a surface supply dive, the diver’s tender devotes his or her entire time and attention to the work of a diver’s tender.

SOR/98-456, s. 1.

18.12 Every employer shall ensure that, for the duration of a type 2 dive carried out from a boat or vessel, the dive boat operator devotes his or her entire time and attention to the work as a dive boat operator.

SOR/98-456, s. 1.

18.13 A standby diver shall be present at all times when type 2 dives are in progress.

SOR/98-456, s. 1.

18.14 Where a standby diver is needed pursuant to subsection 18.9(2) or section 18.13, the standby diver shall

(a) be trained and equipped to operate at the depth at which and in the circumstances in which a submerged diver is operating;

(b) be readily available to assist the submerged diver in the event of an emergency; and

Hazards

18.21 Immediately before each dive, the dive supervisor shall review the nature of any hazards at the dive site and ensure that all divers are fully aware of the hazards likely to be encountered in the diving operation.

SOR/98-456, s. 1.

Communications

18.22 Every employer shall, for the purposes of paragraph 18.9(1)(h), ensure that all means of communication used at the dive site are

Breathing Supply

18.23(1) Every employer shall ensure that a reserve breathing supply sufficient to allow the safe termination of a dive is immediately available to the diver.

(2) Where required by the dive plan, the reserve breathing supply referred to in subsection (1) shall be carried by the diver.

SOR/98-456, s. 1.

18.24 Every employer shall ensure that air compressors and filter systems are tested annually and produce breathing mixtures that meet the requirements of clause 3.8 of CSA Standard CAN/CSA-Z275.2-92, Occupational Safety Code for Diving Operations, published in English in April 1992 and in French in February 1994, as amended from time to time.

SOR/98-456, s. 1.

18.25 Where a dive plan requires that oxygen for therapeutic purposes be available, the employer shall supply

Diving Equipment

18.26(1) Every employer shall ensure that all diving equipment used by employees is

(a) designed for its intended use and maintained in a condition that ensures its continuing operation for the purpose and at the depth for which it was designed; and

(b) inspected, tested, maintained and calibrated by a qualified person at intervals recommended by the manufacturer and whenever the equipment is thought to be defective.

(2) Every employer shall ensure that diving equipment used by persons who are not employees and who are granted access to the work place is in a condition that ensures its operation for the purpose and at the depth for which it was designed.

SOR/98-456, s. 1.

18.27(1) Immediately before each dive, every diver shall check that all the equipment the diver requires is present, properly fastened in place and functioning.

(2) Before beginning a descent, every diver shall conduct the check specified in subsection (1) again in the water.

SOR/98-456, s. 1.

18.28(1) Every employer shall ensure that whenever diving operations are carried out from a diving station located more than 2 m above the water, the divers are transported through the air-water interface by a cage, basket or platform.

(2) Every employer shall ensure that a stationary platform from which a diver works, or any cage, basket or platform on or in which a diver is lowered to or raised from an underwater work place, and any associated hoisting devices and tackle,

(3) Any cage, basket or platform and any associated equipment referred to in subsection (2) shall be dedicated to the diving operations until the dive is completed.

SOR/98-456, s. 1.

18.29 Floating equipment used in diving operations, including a vessel that is anchored or moored, shall not be moved or relocated while a diver is in the water unless the dive supervisor agrees to the move or relocation.

SOR/98-456, s. 1.

18.30 The employer shall ensure that, when a floating platform, vessel or boat is used in support of the dive, it remains on site at all times while a diver is in the water.

SOR/98-456, s. 1.

18.31(1) Every employer shall ensure that, where a dive plan requires the use of a lifeline to tether a diver, the lifeline

(a) is free of knots and splices, other than knots and splices necessary to attach the lifeline to the diver and the dive site;

18.33(1) Where an employee finds a defect in any diving equipment, including pressure gauges and depth gauges, that may render it unsafe for use, the employee shall immediately report the defect to the employer.

(2) An employer shall mark or tag as unsafe and remove from service any diving equipment, including pressure gauges and depth gauges, that may be used by employees where a defect may render it unsafe for use.

SOR/98-456, s. 1.

Termination of Dive

18.34 A dive shall be terminated in accordance with the dive plan referred to in subsection 18.9(1) or when

(3) In the event of an emergency air evacuation, provision shall be made to furnish the diver with oxygen, and the flight altitude and in-flight conditions shall be those recommended by the attending physician or dive supervisor.

SOR/98-456, s. 1.

Reports and Records

18.37(1) Every diver shall report to the employer any occurrence that has caused a diving-related injury to the diver.

(2) The employer shall investigate the occurrence reported pursuant to subsection (1) and keep a written record of its findings.

SOR/98-456, s. 1.

18.38(1) Every employer shall ensure that a dive record is kept and maintained for every diver.

(2) The record referred to in subsection (1) shall contain, for each dive,

(2) The employer shall annually supply the record referred to in subsection (1) to the diver and keep a copy for a period of five years after the date on which the diver ceases to be employed by the employer.

SOR/98-456, s. 1.

18.40 Every employer shall keep a record of all diver instruction and training received and all competency demonstrations given pursuant to section 18.5, for as long as the employee is employed by the employer as a diver.

SOR/98-456, s. 1.

18.41 Every employer shall maintain a record of each air quality test performed pursuant to section 18.24 for a period of five years after the date on which the test was made.

SOR/98-456, s. 1.

18.42 Every employer shall maintain a record of each equipment inspection, test, maintenance and calibration performed pursuant to paragraph 18.26(1)(b) for a period of five years after the date on which the inspection, test, maintenance or calibration was performed.

SOR/98-456, s. 1.

DIVISION IITYPE 2 DIVES

Approach to Water Control and Intake Facilities

18.43 Underwater approaches to water control and intake facilities where underwater pressure differentials may be encountered shall be made in accordance with sections 18.44 to 18.46.

SOR/98-456, s. 1.

18.44 Every employer shall ensure that a diver working near a facility referred to in section 18.43 wears a lifeline tended from a position outside the approach area.

SOR/98-456, s. 1.

18.45 Every employer shall ensure that any diver required to approach an underwater intake pipe, tunnel or duct is provided with the means to differentiate the intake from any other similar intake in the dive area.

(a) a diver is not allowed to approach any underwater intake or structure where underwater pressure differentials may be encountered until the flow of water is stopped or controlled; and

(b) the flow of water is not re-established until the diver leaves the water or until the dive supervisor has determined that the diver is clear of the approach area referred to in paragraph (a).

(2) Where the flow of water referred to in subsection (1) cannot be stopped, the employer shall assess the safety of a diver approaching the intake by determining flow patterns using reliable indicators, direct measurements or calculations.

SOR/98-456, s. 1.

Diving Hazards

18.47 No employer shall permit a diver to approach a work place that may be hazardous because of the operation of machinery or equipment, unless the machinery or equipment is secured against inadvertent movement and made inoperable for the duration of the dive.

SOR/98-456, s. 1.

18.48 Where there is a likelihood that a diver may be entrapped, the employer shall ensure that

(a) a two-way voice communication system between the diver and the diver’s tender is provided; and

(b) a second dive team, equipped to rescue a diver in the event of an emergency, is present at the dive site.

SOR/98-456, s. 1.

Use of Explosives

18.49(1) The initiation of underwater explosive charges at a dive site shall be under the direct control of the dive supervisor.

(2) A two-way voice communication system shall be provided when explosives are being used at a dive site, unless the voice communication system itself would pose a hazard.

SOR/98-456, s. 1.

Hyperbaric Chambers

18.50 Every employer shall ensure that a hyperbaric chamber meeting the requirements of CSA Standard CAN/CSA Z275.1-93, Hyperbaric Facilities, published in English in December 1993 and in French in January 1995, as amended from time to time, for Class A (double-lock type) hyperbaric chambers, is available and in operable condition whenever

18.51 Every employer shall ensure that a hyperbaric chamber is operated by a qualified person.

SOR/98-456, s. 1.

Alternative Energy Sources

18.52(1) Every employer shall ensure that a second source of power capable of supplying sufficient power to operate all essential diving equipment is available in the event of failure of the primary power source.

(2) Every employer shall ensure that the second source of power referred to in subsection (1) is capable of

18.65 In a diving operation where the diver is not tethered to the surface by a lifeline or float, there shall be a through-water, two-way voice communication system between the divers and between the divers and the surface, and at least four persons present at the dive site, of whom

SCHEDULE I(Sections 18.1 and 18.18)

SCHEDULE II(Sections 18.1 and 18.18)

International Code Flag A

White rectangle with dark blue tails

SOR/98-456, s. 1.

PART XIXHazard Prevention Program

Hazard Prevention Program

19.1(1) The employer shall, in consultation with and with the participation of the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and monitor a program for the prevention of hazards, including ergonomics-related hazards, in the work place that is appropriate to the size of the work place and the nature of the hazards and that includes the following components:

Implementation Plan

(a) develop an implementation plan that specifies the time frame for each phase of the development and implementation of the prevention program;

(b) monitor the progress of the implementation of the preventive measures; and

(c) review the time frame of the implementation plan regularly and, as necessary, revise it.

(2) In implementing the prevention program, the employer shall ensure that ergonomics-related hazards are identified and assessed and that they are eliminated or reduced, as required by subsection 19.5(1), as much as is reasonably possible and that any person assigned to identify and assess ergonomics-related hazards has the necessary instruction and training.

SOR/2005-401, s. 2;

SOR/2007-271, s. 2.

Hazard Identification and Assessment Methodology

19.3(1) The employer shall develop a hazard identification and assessment methodology, including an identification and assessment methodology for ergonomics-related hazards, taking into account the following documents and information:

Preventive Measures

19.5(1) The employer shall, in order to address identified and assessed hazards, including ergonomics-related hazards, take preventive measures to address the assessed hazard in the following order of priority:

(a) the elimination of the hazard, including by way of engineering controls which may involve mechanical aids, equipment design or redesign that take into account the physical attributes of the employee;

(b) ergonomics-related hazards that are identified when planning implementation of change to the work environment or to work duties, equipment, practices or processes.

(5) The employer shall ensure that any person assigned to implement ergonomics-related prevention measures has the necessary instruction and training.

SOR/2005-401, s. 2;

SOR/2007-271, s. 5;

SOR/2009-84, s. 3(F).

Employee Education

19.6(1) The employer shall provide health and safety education, including education relating to ergonomics, to each employee which shall include the following:

(a) the hazard prevention program implemented in accordance with this Part to prevent hazards applicable to the employee, including the hazard identification and assessment methodology and the preventive measures taken by the employer;

(b) whenever there is a change in conditions in respect of the hazards; and

(c) whenever new hazard information in respect of a hazard in the work place becomes available to the employer.

(4) Each time education is provided to an employee, the employee shall acknowledge in writing that they received it, and the employer shall acknowledge in writing that they provided it.

(5) The employer shall keep, in paper or computerized form, records of the education provided to each employee, which shall be kept for a period of two years after the employee ceases to be exposed to a hazard.

SOR/2005-401, s. 2;

SOR/2007-271, s. 6.

Program Evaluation

19.7(1) The employer shall evaluate the effectiveness of the hazard prevention program, including its ergonomics-related components, and, if necessary, revise it

Reports

19.8(1) If a program evaluation has been conducted under section 19.7, the employer shall prepare a program evaluation report.

(2) The employer shall keep readily available every program evaluation report for six years after the date of the report.

SOR/2005-401, s. 2;

SOR/2009-84, s. 4.

PART XXViolence Prevention in the Work Place

Interpretation

20.1 The employer shall carry out its obligations under this Part in consultation with and the participation of the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

SOR/2008-148, s. 1.

20.2 In this Part, “work place violence” constitutes any action, conduct, threat or gesture of a person towards an employee in their work place that can reasonably be expected to cause harm, injury or illness to that employee.

SOR/2008-148, s. 1.

Work Place Violence Prevention Policy

20.3 The employer shall develop and post at a place accessible to all employees a work place violence prevention policy setting out, among other things, the following obligations of the employer:

(b) to dedicate sufficient attention, resources and time to address factors that contribute to work place violence including, but not limited to, bullying, teasing, and abusive and other aggressive behaviour and to prevent and protect against it;

(c) to communicate to its employees information in its possession about factors contributing to work place violence; and

(d) the frequency of situations that present a risk of work place violence;

(e) the severity of the adverse consequences to the employee exposed to a risk of work place violence;

(f) the observations and recommendations of the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, and of the employees; and

(g) the measures that are already in place to prevent and protect against work place violence.

(2) The employer, when consulting with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, shall not disclose information whose disclosure is prohibited by law or could reasonably be expected to threaten the safety of individuals.

SOR/2008-148, s. 1.

Controls

20.6(1) Once an assessment of the potential for work place violence has been carried out under section 20.5, the employer shall develop and implement systematic controls to eliminate or minimize work place violence or a risk of work place violence to the extent reasonably practicable.

(2) The controls shall be developed and implemented as soon as practicable, but not later than 90 days after the day on which the risk of work place violence has been assessed.

(3) Once controls referred to in subsection (1) are implemented, the employer shall establish procedures for appropriate follow-up maintenance and corrective measures, including measures to promptly respond to unforeseen risks of work place violence.

(4) Any controls established to eliminate or minimize work place violence shall not create or increase the risk of work place violence.

SOR/2008-148, s. 1.

Work Place Violence Prevention Measures Review

20.7(1) The employer shall review the effectiveness of the work place violence prevention measures set out in sections 20.3 to 20.6 and update them whenever there is a change that compromises the effectiveness of those measures, but at least every three years.

(3) The employer shall keep, for a period of three years, a written or electronic record of findings following the review of the work place violence prevention measures, and make it readily available for examination by a health and safety officer.

SOR/2008-148, s. 1.

Procedures in Response to Work Place Violence

20.8(1) The employer shall develop in writing and implement emergency notification procedures to summon assistance where immediate assistance is required, in response to work place violence.

(2) The employer shall ensure that employees are made aware of the emergency notification procedures applicable to them and that the text of those procedures is posted at a location readily accessible to those employees.

(3) In the development and implementation of emergency notification procedures, the employer’s decision of whether or not to notify the police shall take into account the nature of the work place violence and the concerns of employees who experienced the work place violence.

(4) If the police are investigating a violent occurrence, the work place committee or the health and safety representative shall be notified of their investigation, unless notification is prohibited by law.

(5) The employer shall develop and implement measures to assist employees who have experienced work place violence.

(2) If an employer becomes aware of work place violence or alleged work place violence, the employer shall try to resolve the matter with the employee as soon as possible.

(3) If the matter is unresolved, the employer shall appoint a competent person to investigate the work place violence and provide that person with any relevant information whose disclosure is not prohibited by law and that would not reveal the identity of persons involved without their consent.

(4) The competent person shall investigate the work place violence and at the completion of the investigation provide to the employer a written report with conclusions and recommendations.

(5) The employer shall, on completion of the investigation into the work place violence,

(b) provide the work place committee or the health and safety representative, as the case may be, with the report of the competent person, providing information whose disclosure is not prohibited by law and that would not reveal the identity of persons involved without their consent; and

(c) adapt or implement, as the case may be, controls referred to in subsection 20.6(1) to prevent a recurrence of the work place violence.

(a) the work place violence was caused by a person other than an employee;

(b) it is reasonable to consider that engaging in the violent situation is a normal condition of employment; and

(c) the employer has effective procedures and controls in place, involving employees to address work place violence.

SOR/2008-148, s. 1.

Training

20.10(1) The employer shall provide information, instruction and training on the factors that contribute to work place violence that are appropriate to the work place of each employee exposed to work place violence or a risk of work place violence.

(3) The information, instruction and training shall include the following:

(a) the nature and extent of work place violence and how employees may be exposed to it;

(b) the communication system established by the employer to inform employees about work place violence;

(c) information on what constitutes work place violence and on the means of identifying the factors that contribute to work place violence;

(d) the work place violence prevention measures that have been developed under sections 20.3 to 20.6; and

(e) the employer’s procedures for reporting on work place violence or the risk of work place violence.

(4) At least once every three years and in either of the following circumstances, the employer shall review and update, if necessary, the information, instruction and training provided:

(a) when there is a change in respect of the risk of work place violence; or

(b) when new information on the risk of work place violence becomes available.

(5) The employer shall maintain signed records, in paper or electronic form, on the information, instruction and training provided to each employee for a period of two years after the date on which an employee ceases to perform an activity that has a risk of work place violence associated with it.